Dr. Werner OSWALD, Plaintiff-Appellant, v. Jane B. ALLEN, Defendant-Appellee, 417 F.2d 43

Summary

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. 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.