ADJUSTRITE SYSTEMS v. GAB BUSINESS SERVICES

No. 334, Docket No. 96-9715.

145 F.3d 543 (1998)

ADJUSTRITE SYSTEMS, INC., Stuart J. Orr, and Lu Elliott, Plaintiffs-Appellants, v. GAB BUSINESS SERVICES, INC. and Intermodal Technical Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 29, 1998.


Attorney(s) appearing for the Case

Peter K. Ledwith, White, Quinlan, Staley & Ledwith, Garden City, NY, for Plaintiffs-Appellants.

Patrick W. Brophy, McMahon, Martine & Gallagher, William D. Gallagher, of counsel, New York, NY, for Defendants-Appellees.

Before: KEARSE and CABRANES, Circuit Judges, and CHIN, District Judge.


CHIN, District Judge:

In this case, the parties agreed to the transfer of some $1 million in assets and signed an informal two-page document to memorialize their agreement. The two-page document, however, provided for the execution of a "sales agreement contract" as well as other agreements. These additional agreements were never executed.

The issue thus presented is whether, by signing the two-page document, the parties entered into a binding contract or...

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