H. G. Vogel Co. v. Cauldwell-Wingate Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term, Action by the H. G. Vogel Company against the Cauldwell-Wingate Company, From a judgment dismissing the complaint at the close of plaintiff’s case, and from an order denying a new trial, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
Plaintiff, in response to the invitation of defendant, offered to install its fire extinguishing apparatus in defendant’s projected building. Plaintiff’s written offer contained the following sentence :
“Should this proposition be acceptable to you, we shall be glad indeed to formulate our regular agreement and submit same for your execution."
*371The testimony offered on behalf of plaintiff indicated that its proposition, together with some subsequent modifications, had been definitely accepted by the defendant, both orally and in writing.
The question tested on this appeal is whether the proposals…
2Cases cited3 opinions
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
- Gourd v. . HealyNew York Court of Appeals · 1912
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1908