COLUMBIA MALTING CO. v. CLAUSEN-FLANAGAN CORPORATION

No. 23.

3 F.2d 547 (1924)

COLUMBIA MALTING CO. v. CLAUSEN-FLANAGAN CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.


Attorney(s) appearing for the Case

Barker, Donahue, Anderson & Wylie, of New York City (Ira L. Anderson and Eugene R. Pennock, both of New York City, of counsel), for plaintiff in error.

Meyer Britwitz, of New York City (Joseph I. Green, of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


ROGERS, Circuit Judge (after stating the facts as above).

The question presented is whether the contract sued upon amounted in law to a contract. The defendant claims that it did not because there was no meeting of the minds. The court below took the same view, and held that there was no real mutual assent between the parties.

The "contract" upon which the suit was brought reads as follows:

"The Columbia Malting Company, Chicago, Illinois.

...

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