This section contains the nature of the case and procedural background.

D agreed to purchase part of P's invention. When they met to discuss the invention, the parties agreed for convenience sake to draw up an agreement for the sale of the shares of the shares of the invention subject to approval of an engineer named Abernethie. If Abernethie approved of the invention, there would be an agreement and if not there would be no agreement. Abernethie did not approve. P sued to enforce the agreement. D contended there was no bargain and introduced parol evidence at trial to show that there was no agreement. The trial court permitted the parol evidence, and P appealed the verdict in favor of D.

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