Sunset-Sternau Food Co., a Corporation v. American Almond Products Co., Inc., a Corporation

This appeal involves the question of whether the trial court was in error in finding that appellant and appellee entered into a binding contract for the sale by appellant to appellee of 75 tons of apricot kernels and, if there was such a contract, whether it was breached.

The transaction between the parties was handled by the brokerage firm of Prince, Keeler & Co., Inc., of New York City, hereafter the brokerage firm. The negotiations between the parties were initiated at a meeting in July 1955 between a representative of appellant, a representative of the brokerage firm, and a representative of appellee, with the purpose of interesting appellee in the purchase of apricot kernels. At the time of this meeting a small sample of the kernels was exhibited to the representatives of appellee. On July 25, 1955, the brokerage firm wrote appellant that ap-pellee was interested in the kernels but would want 200 pounds of the kernels for a sample testing.

On August 22, 1955, appellant wrote the brokerage firm that it hoped to ship the 200 pound sample and asked to be advised of opening prices on the product, claiming it was a new item for them. The brokerage firm on August 1, 1955, advised…