Loewenthal Co. v. Ribnick

The plaintiff corporation did a wholesale business in waste material, old rubber, and leather at both Chicago and Akron, Ohio. They purchased such material on the open market and supplied it to various factories. The evidence in controversy is in part as follows: In March, 1927, plaintiff’s traveling purchasing agent, David Birk, canvassed South Dakota, in an attempt to buy scrap material and rubber. He called upon the defendants for the purpose of buying a' quantity of such material that defendants had on hand. The defendants refused to sell, and it would seem that a tentative agreement was…