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LAZARUS v. AMERICAN MOTORS CORP.

21 Wis.2d 76 (1963)

LAZARUS, d/b/a SEA COAST SUPPLY COMPANY, Appellant, v. AMERICAN MOTORS CORPORATION, Respondent.

Supreme Court of Wisconsin.

October 1, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Henry C. Friend of Milwaukee, and Frankenstein, Lewis & Feierberg of Chicago, Illinois, and oral argument by Mr. Friend and Mr. A. S. Frankenstein.

For the respondent there was a brief by Quarles, Herriott & Clemons, attorneys, and Laurence E. Gooding, Jr., and Ross Shumaker of counsel, all of Milwaukee, and oral argument by Mr. Shumaker.

GORDON, J.

In order for the plaintiff to prevail, it was incumbent upon him to establish the existence of a contract with the defendant. The plaintiff contends that an enforceable contract was created under either of the following theories: (a) A contract arose when the plaintiff accepted the defendant's purchase order and agreed to deliver steel within the terms of the contract; or (b) a contract arose when, under the inducement of the defendant's offer, the plaintiff...

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