N. JACOBI HARDWARE CO. v. VIETOR

No. 2415.

11 F.2d 30 (1926)

N. JACOBI HARDWARE CO., Inc., v. VIETOR et al.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.


Attorney(s) appearing for the Case

E. K. Bryan, of Wilmington, N. C. (W. B. Campbell and Bryan & Campbell, all of Wilmington, N. C., on the brief), for plaintiff in error.

I. C. Wright, of Wilmington, N. C. (Chandler Bennitt, of New York City, and Wright & Stevens, of Wilmington, N. C., on the brief), for defendants in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.


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

We think that the learned District Judge was clearly right in directing a verdict for plaintiffs, both as respects the question of liability of defendant and the amount of damages. As to the first question, defendant had requested an offer from plaintiffs. Plaintiffs, in response to this request, had quoted prices subject to acceptance by the mills. Defendant unconditionally accepted the offer contained in...

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