Martin v. Gregory Industries, Inc.

Frankum, Judge.

1. Where, upon the trial of a suit on open account, one of the issues presented by the evidence for the jury’s consideration was whether there had been an acceptance by the plaintiff of the defendant’s offer to purchase 3,800 galvanized threaded studs of a described size prior to the withdrawal of the offer by the defendant, a telegram admitted to have been received by the defendant and shown to have been sent by an agent of the plaintiff corporation after written notice of cancellation had been sent by defendant, which telegram advised that “parts already galvanized full…