V'SOSKE v. BARWICK

Nos. 92/6, Dockets 32484/8.

404 F.2d 495 (1968)

T. C. V'SOSKE, S. T. V'Soske, K. A. V'Soske, George A. Spater and V'Soske Shops, Inc., Appellants, v. E. T. BARWICK and E. T. Barwick Mills, Inc., Appellees.

United States Court of Appeals Second Circuit.

Decided November 8, 1968.

Rehearing Denied December 30, 1968.

Certiorari Denied March 24, 1969.


Attorney(s) appearing for the Case

Carl S. Rowe, New York City (Harold L. Warner, Jr., Edward P. Smith, New York City, on the brief, Chadbourne, Parke, Whiteside & Wolff, New York City), for appellants.

Patrick H. Sullivan, New York City (Forbes D. Shaw, T. David Mullen, New York City, on the brief, Whitman, Ransom & Coulson, New York City), for appellees.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.


Rehearing Denied December 30, 1968 In Banc.

Certiorari Denied March 24, 1969. See 89 S.Ct. 1197.

IRVING R. KAUFMAN, Circuit Judge:

The question for our determination is whether the parties by their correspondence made a binding offer and acceptance to buy and sell a business, so that even in the absence of a formal contract they created a legally enforceable agreement.

Appellants, V'Soske Shops, Inc., and its individual stockholders T. C. V...

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