Hengehold

This action is for damages for breach of an alleged agreement by defendant to deliver certain eggs to plaintiff. Judgment .went for plaintiff. Defendant appeals. Various points are raised. Only one need ¡be considered, for it is determinative: Was there a contract ¡of sale between the parties!

One Sherod, the representative of a brokerage firm, knowing that defendant had these eggs in storage, telephoned and received from defendant a price on the eggs and authority as broker to sell them. No terms as to time of delivery or of payment were specified. Later Sherod communicated with defendant, saying he thought he had a buyer, giving the name of plaintiff and requesting that an agreement be mailed to Sherod for acceptance. Defendant thereupon prepared, executed, and transmitted to Sherod, in duplicate, a ' proposal to sell, directed to. plaintiff and with a form for plaintiff’s acceptance.. The proposal was complete and defi-. nite. It provided, among other things, for shipment on plaintiff’s order at any time before December 1, 1918, and for payment by sight draft attached to bill of lading. Up to this time plaintiff had not agreed to buy the eggs, though he and Sherod apparently…