Citations
- 45 A.D. 325
Full opinion text
Spring, J. :
The plaintiff is a foreign corporation, and had done work in designing calendars to be used by defendant in advertising" its business.
On March 17, 1898, the latter wrote to the plaintiff inquiring-if it could work up a certain design, and asking as to price, etc. In reply to this inquiry the plaintiff by a letter of the date of January twenty-fourth, entered fully into the details essential to carry, out. the design desired by the defendant, including actual cost preparatory thereto, and offering to undertake the job, guaranteeing satisfactory results.
The defendant replied to this letter January twenty-ninth as follows : “ As regards the new work, if the design is acceptable to us we would place an order for the show card. If you care to work out the design in the manner you propose and submit the same to ais when completed, we will male use of it if acceptable. * * * No doubt you can make a first-class job of the design we have before you; but, of course, we do not feel like taking any responsibility in the matter as we are not familiar with your facilities. Please let us hear from you in reply and oblige.”
February first the plaintiff answered: “ Replying to your favor