DeVries v. Evening Journal Association

DeVries v. Evening Journal Association  (1952) 
by the Supreme Court of New Jersey
Syllabus

DeVries v. Evening Journal Association, 9 N.J. 117, 87 A.2d 317 (1952), is a New Jersey Supreme Court case which held that so long as negotiations on material terms continue, there has been no agreement to form a contract.

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Opinion of the Court
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Supreme Court of New Jersey

9 N.J. 117

DE VRIES  v.  EVENING JOURNAL ASS'N.

No. No. A-79  Argued: Feb. 18, 1952 --- Decided: March 17, 1952

Eli deVries, individually and trading as E. deVries Company, brought action against the Evening Journal Association, a corporation of New Jersey, to recover damages for anticipatory breach of an alleged oral contract for purchase of newsprint to be delivered in the future. The Superior Court, Law Division, entered judgment for defendant, and plaintiff appealed to the Appellate Division. Before the appeal was reached for argument in the Appellate Division the cause was certified to the Supreme Court on its own motion. The Supreme Court, Oliphant, J., held that evidence sustained finding that no contract existed between the parties.

Judgment affirmed.

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