TEXTRON, INC. v. FROELICH


223 Pa.Super. 506 (1973)

Textron, Inc. v. Froelich, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.


Attorney(s) appearing for the Case

George F. Taylor, and Tucker, Arensberg & Ferguson, for appellant.

John K. Tabor, Donald E. Seymour, and Kirkpatrick, Lockhart, Johnson & Hutchison, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY HOFFMAN, J., March 27, 1973:

The appellant contends that the trial court erred in granting a compulsory nonsuit as to his contractual counterclaim. The existence of a contract in this case depends on (1) whether the oral offer here necessarily terminated at the end of a telephone conversation, or, (2) if it did, whether there was a counteroffer made and accepted.

The facts as set forth in the appellant's case are as follows: The appellee, a fabricator...

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