Sanders v. Pottlitzer Bros. Fruit Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. By the exchange of letters and telegrams between the parties their minds met and a valid contract was entered into.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. By the exchange of letters and telegrams between the parties their minds met and a valid contract was entered into. (Vassar v. Camp, 11 N. Y. 441; Brown v. Norton, 50 Hun, 248.) The fact that the contract by correspondence was to be followed by a formal writing does not, in any manner,…
1Opinion of the CourtO’Brien, J.
The plaintiffs in this action sought to recover damages for the breach of a contract for the sale and delivery of a quantity of apples. The complaint was dismissed by the referee and his judgment was. affirmed upon appeal. The only question to be considered is whether the contract stated in the complaint, as the basis for damages, was ever in fact made so as to become binding upon the parties. On the 28th of October, 1891, the plaintiffs submitted to the defendant the following proposition in writing :•
“ Buréalo, FT. Y., Oct. 28, 1891.
“ Messrs. Pottlitzer Bros. Fruit Co., Lafayette, Ind.:
“…
2Cases cited2 opinions
- Vassar v. . CampNew York Court of Appeals · 1854
- Brown v. NortonNew York Supreme Court · 1888
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- Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
- Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
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