Tuesday, December 3, 2013

Oswald v. Allen case brief

Oswald v. Allen case brief summary
417 F.2d 43 (1969)


CASE SYNOPSIS
Plaintiff appealed an order of the United States district court which entered judgment in favor of defendant in an action alleging the existence of a contract for the sale of coin collections.

CASE FACTS
Plaintiff coin collection purchaser filed a complaint against defendant coin collection seller, alleging that a contract had been formed for the sale of a Swiss coin collection. The trial court found that plaintiff thought the offer was for all of the Swiss coins, while defendant thought she was selling only a specific coin collection and not the Swiss coins in another collection also. The court below concluded that a contract did not exist since the minds of the parties had not met.

DISCUSSION

  • Several letters or other writings could be used for the agreed-upon terms but nevertheless, these writings had to be connected either expressly or by the internal evidence of subject-matter and occasion. 
  • The letter from defendant to plaintiff failed to fulfill the first and third requirements set forth in the Uniform Commercial Code § 2-201: to evidence the existence of a contract, and to specify a quantity.

CONCLUSION
The judgment finding that no contract existed for the sale of the coins was upheld because the letter from defendant to plaintiff failed to fulfill the first and third requirements set forth in the Uniform Commercial Code: to evidence the existence of a contract, and to specify a quantity.


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