Opinion · New York Court of Appeals

Brause v. Goldman

9 N.Y.2d 620

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1961-01-05
Topic
international-arbitration

How later courts describe this case

  • necessary finality of assent is lacking where parties have clearly expressed an intention not to be bound until their preliminary negotiations have culminated in the execution of a formal contract
  • “When ... [there exists] no present intent to form a binding contract, but rather to continue negotiations with the possible ultimate meeting of minds deferred until some future time, either party may withdraw with impunity prior to that time.”

Citator

UpLaw has not yet analyzed Brause v. Goldman. The absence of a flag is not a finding that it is good law.

Cited by
55 opinions

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.