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

Medical (D) solicited bids for a lease on a computer. Universal (P) replied to that proposal and asked an employee of D to pick up its proposal at the airport nearby. That employee changed his mind after the proposal was sent to the airport and subsequently the bid arrived late for it to be considered. P sued and won a $13,000 verdict. D moved for judgment N.O.V. and a new trial. The judgment N.O.V. was granted, and P appealed.

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