Ghasley,
There are two things going on here. There is the legal decision that there was no verbal agreement. Then there is the non-legal situation where Mr. Tinn and Mr. Meitner had what actually turned out to be a misunderstanding -- not an understanding. Whatever transpired that enabled Mr. Meitner to ship product, it was nothing more than provisional -- a work in progress than never progressed to the stage of becoming a true agreement. Certainly, it did not constitute a mutual agreement recognized in law. There was no "meeting of minds" here, as the court recognized.
There are two things going on here. There is the legal decision that there was no verbal agreement. Then there is the non-legal situation where Mr. Tinn and Mr. Meitner had what actually turned out to be a misunderstanding -- not an understanding. Whatever transpired that enabled Mr. Meitner to ship product, it was nothing more than provisional -- a work in progress than never progressed to the stage of becoming a true agreement. Certainly, it did not constitute a mutual agreement recognized in law. There was no "meeting of minds" here, as the court recognized.