On March 23, 1994, Northern Distributing Company made two offers to purchase two brands of beer carried by Keis Distributors, Inc.: 683,136 cases of Genesee beer at $1.75 per case and 95,632 cases of Labatt/Rolling Rock beer at $2 per case. The offer contained a termination date of April 11, 1994 and directed Keis to “accept this offer by signing below.” Keis countersigned as requested and sent the offer back to Northern with a cover letter that stated both sides should retain counsel to work out “the wording of the final details.” A proposed “closing and consulting agreement” was drafted but never signed, and Keis then withdrew from these areas. Northern did purchase some of Keis’s inventory after the distributorship termination, and a dispute arose as to the price due on that inventory. Northern claimed the contract price, and Keis said they had no contract, so the price was higher. Who is correct? Read the case and decide. [Keis Distributors, Inc. v Northern Distributing Co., 641 N.Y.S. 2d 417 (App. Div. 1996)]
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