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Contracts Keyed to Fuller
Oswald v. Allen
Citation:
417 F.2d 43 (1969)Facts
Dr. Oswald, a Swiss coin collector who spoke little English, visited Mrs. Allen to view her coin collections in April 1964. Mrs. Allen had two separate collections housed in different vault boxes at the Newburgh Savings Bank: the “Swiss Coin Collection” and the “Rarity Coin Collection,” which contained some valuable Swiss coins. After examining both collections, negotiations took place during the car ride back to New York City, with Dr. Oswald’s brother acting as translator. They agreed on a price of $50,000, but Dr. Oswald believed he was purchasing all Swiss coins from both collections, while Mrs. Allen thought she was selling only the “Swiss Coin Collection.” Dr. Oswald sent a confirmation letter stating he was purchasing “all your Swiss coins,” and Mrs. Allen responded only by mentioning delivery arrangements. When Mrs. Allen later refused to proceed with the sale, Dr. Oswald sued for breach of contract.
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