Alexander

This action was brought to recover damages for - breach of contract. Judgment was for the defendant and plaintiff appeals.

[1] The basis of the appellant’s action is a letter dated April 9, 1915, addressed to Alexander-Callen & Co., and signed by respondent, which appellant contends constituted a contract whereby the firm of Alexander-Callen & Co., a copartnership, of which appellant was a member, was made the exclusive selling agent for respondent’s goods for a period of ten years. Said letter reads as follows:

Respondent denies that said letter constituted the contract between the parties, and claims that it was intended to be, and in fact was, a mere offer which was never accepted by appellant and was by the respondent, on December 2, 1915, withdrawn, and that the only contract ever existing between the parties was an oral one whereby an agency was continued from month to month, and that on February 9, 1916, said oral agreement was terminated. Respondent also relies upon two other defenses, the first of which is that appellant at the time said letter was written, was a member of a copartnership which was, subsequent to the date of the letter and prior to the alleged breach,…