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CONCLUSION

The acceptance of this order which in any event you must promptly acknowledge will be considered by us as a guarantee on your part of prompt delivery within the specified time.
Terms F. O. B.
Respectfully yours,
The Brunswick-Balke-Collender Co.
of New York
Per C. R. Rogers.
January 7th, 1911.
Messrs. Poel & Arnold,
#277 Broadway, City.
Gentlemen:
We beg herewith to advise you that within the past few weeks there has come to our attention through a statement made to us for the first time by Mr. Rogers, information as to certain transactions had by him with you in the past, and especially as to a transaction in April last relating to 12 tons of crude rubber. Mr. Rogers had no authority to effect any such transaction on our account, nor had we any notice or knowledge of his action until he made a voluntary statement disclosing the facts within the past few weeks.
In order that you may not be put to any unnecessary inconvenience, we feel bound to give you notice at the earliest opportunity after investigating the facts, that we shall not recognize these transactions or any others that may have been entered into with Mr. Rogers which were without our knowledge or authority.
Yours truly,
The Brunswick-Balke-Collender Co. of New York
Per Chas. P. Miller,
Vice-Prest.
The first letter is of no legal significance, and only the other three need be considered. The fundamental question in this case is whether these writings constitute a contract between the parties. . . . An analysis of their provisions will show that they do not constitute a contract. It is not contended, and in face of the provisions of the plaintiffs’ letter of April 4th it cannot be claimed, that that letter is in itself a contract.

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