(Filed 21 September, 1921.)
Contracts — Agreement of Parties.
A written contract, to be enforceable, must show that the minds of the parties had come to a valid agreement.
Appeal by plaintiff from Allen, J., at February Term, 1921, of Pas-QUOTANK.
Action to recover damages for an alleged breach of contract, plaintiff contending tbat tbe defendant bad agreed to sell and deliver, as per terms of acceptance, 50,000 pounds of hosiery yarns during tbe fall of 1919. Tbe negotiations between tbe parties, leading up to tbe alleged agreement, are in writing and consists of certain letters and telegrams, all of which were offered in evidence.
His Honor, being of tbe opinion tbat tbe plaintiff’s evidence was insufficient to establish tbe existence of a contract, or to show an aggregatio mentium between tbe parties, granted tbe defendant’s motion for judgment as of nonsuit. Plaintiff appealed.
*760 Thompson.& Wilson and George J. Spence for plaintiff.
Gurrie & Leach and Ehringhaus & Small for defendant.
Pee Cueiam.
No material benefit would be derived from setting out in detail tbe correspondence bad between -tbe parties, and wbicb forms tbe basis of tbis suit. Suffice it to say, we bave examined tbe evidence witb care and concur fully witb bis Honor below tbat no valid or en-forcible contract bas been shown or established.
Tbe judgment of nonsuit must be sustained.
Affirmed.