Poel v. Brunswick-Balke-Collender Co

216 N.Y. 310, 110 N.E. 619 (1915)

Facts

Poel (P) and Brunskwick (D) engaged in negotiations to sell and buy rubber. They exchanged a number of letters and telephone conversations. The trial court indicated that there was a contract created between the parties and that D had breached the contract by not accepting the 12 tons of rubber. D appealed.