Morris F. Fox & Co. v. Lisman

There is probably no great profit in an extensive restatement of my views concerning this case. As it still appears to me, there is no evidence in the record indicating an acceptance of plaintiff’s counter-offer. Certainly there was no express acceptance unless the letter of October 3d, by Dahinden-Schmitz Company, be held to constitute such an acceptance. This letter, *29written in Milwaukee, was of even date with the letter of plaintiff, which contained the counter-proposal and which was addressed to F. J. Lisman & Company in New York. Whether the Dahinden-Schmitz Company is to be treated in…