Zimmerman v. Roessler & Hasslacher Chemical Co.

Finch, J.:

The complaint, in so far as is material to this decision, alleges that the parties entered into the following agreement in writing:

“ The Roessler & Hasslacher Chemical Company “ 100 William Street

“ New York, Mar. 17, 1917

“ Messrs. Zimmerman & Forshay,

“ 9 & 11 Wall St.,

“New York.

“ Dear Sirs: We are in receipt of your favor of even date and herewith confirm our understanding in accordance with which we have bought from you Mks 3,000,000 — (Three Million) at the rate of 73 3/8 for delivery during the month of October 1917. It is understood that the Marks are to be paid for here and…