Antonia, a wine grower, agreed to pay a commission to Grossini if he located a buyer for her 39,000 gallons of wine at 50 cents per gallon

Antonia, a wine grower, agreed to pay a commission to Grossini if he located a buyer for her 39,000 gallons of wine at 50 cents per gallon. He located the plaintiffs, who agreed to purchase the wine at those prices, agreed to pay $1,000 down and the balance upon delivery, with the delivery in the middle of March.

Grossini sent their written agreement and the $1,000 check to Antonia for signing. Antonia sent the check and agreement back unsigned stating it was not convenient for her to keep the wine until March and insure it until then, and she demanded payment in advance at the time of making the sale.

Plaintiffs sued for breach of a contract made with Antonia through Grossini.

Who wins and why?

 

Antonia, a wine grower, agreed to pay a commission to Grossini if he located a buyer for her 39,000 gallons of wine at 50 cents per gallon

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