Standard Sand & Gravel Co. v. McClay

Three questions are presented for determination: (1) Was there sufficient evidence to establish a contract of sale and delivery of materials? (2) Was tbe defendant relieved of liability by reason of rejection of said material by tbe resident engineer of tbe State Highway Commission? (3) Is tbe defendant Casualty Company liable under its bond for said materials, it being admitted that they were not actually incorporated in the work?

In reference to the first question presented, it is established law that in order to constitute a binding contract the offer and acceptance must be in identical…