American Steel Spring Company, Appellee, v. William J. Boyer, Appellant.

Gen. No. 24,018.

(Not to be reported in full.)

Abstract of the Decision.

Sales, § 19 * — when contract not created. There is no meeting of minds of the parties so as to constitute a valid contract of sale of goods where the purchaser’s letter confirming an order on terms C. O. D. is met by a letter demanding cash in advance before proceeding with the order.

Appeal from the Municipal Court of Chicago; the Hon. Edwabd T. Wade, Judge, presiding. Heard in this court at the March term, 1918.

Reversed with judgment of nil capiat and for costs.

Opinion filed June 10, 1918.

Statement of the Case.

Action by American Steel Spring Company, a corporation, plaintiff, against William J. Boyer, defendant, to recover for breach of a contract to purchase certain springs. From a judgment against him for $57.80, defendant appeals.

P. R. Boylan, for appellant.

H. M. Adams, for appellee.