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Contracts Keyed to Burton
Oswald v. Allen
Citation:
417 F.2d 43 (2d. Cir. 1969)Facts
The plaintiff is a coin collector from Switzerland, who was interested in the defendant’s collection of coins. When the plaintiff was in the United States in April of 1964, he arranged to meet the defendant and see her coin collections. The defendant had two separate coin collections in two separate bank vault boxes—the Swiss Coin Collection and the Rarity Coin Collection. The plaintiff was unaware that these collections constituted two separate collections. The plaintiff spoke practically no English, so upon a second visit, he made a deal through a translator to buy the collection for $50,000. The parties did not realize that the references to Swiss coins and the Swiss Coin Collection were ambiguous. The plaintiff thought that the agreement was for all the Swiss coins, while the defendant thought it was only for the Swiss Coin Collection. The defendant then refused to sell at the advice of her children.
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Formation of Contracts