Referring to the second cause of action, the purported contract of which breach is claimed, is in the form of a letter from plaintiff to defendant containing a ~umber of proposal which was endorsed by the defendant. "In principle this is accepted." The proposal letter, which [plaintiff himself called a "sketch", Seems to the Court so general in its terms as to amount to mere negotiation rather than a specific offer. The otter apparently covers in part offer of certain services which had already been performed under the ret cause of action and presupposes the actual incorporation of the new company. It is doubtful whether an acceptance of the proposals of the letter would result in anything more than an agreement to make a contract, which is, of course, unenforceable in law. However, in the opinion of the Court, the proposal was not in fact accepted because the endorsement by the defendant, "In principle this Is accepted" is not an unqualified and unconditional acceptance of the exact terms of the proposal. It is element tary that "an acceptance to be effec tual must be identical with the offer and unconditional." 13°C, J, 281.
The plaintiff's second cause of action will be dismissed and costs herein will be divided between the parties,
Text read from the printed page and cleaned; old type leaves the occasional error.