opinion: WALKER, Circuit Judge.
  When this ease was here before, a decree sustaining a motion of the appellee to dismiss the bill was reversed. Morgan v. Patillo (C. C. A.) 297 F. 140. After the remandment of the case appellee’s answer to the bill put in issue its allegations as to the making of a contract by the parties.
  We are of opinion that the evidence adduced was not such as to require the conclusion that those allegations were sustained. The evidence was consistent with findings that on. May 1, 1922, the appellee for the first time agreed in an interview with George Rentz, .who was acting as appellee’s agent to negotiate a sale of timber on certain lands in Madison county, Florida, to sell that timber at a stated price per 1,000 feet, and then signed a memorandum in the form of a letter addressed to Rentz, setting out the terms of sale of such timber to appellant, that appellee was induced to consent to the contract evidenced by that memorandum by a material false representation made by Rentz, who was a paid employe of parties interested in the purchase of the timber, and that before that memorandum, or the terms of sale embodied therein, were communicated to appellant, or accepted by him, appellee withdrew his consent to carry out the contract to be evidenced by that instrument.
  That memorandum could not bind appellee as a contract prior to its terms being communicated to appellant, and there could have been no effectual express or implied acceptance by appellant of the proposal embodied in that memorandum after the appellee’s withdrawal of that proposal before the terms of it were communicated to appellant. Davis v. Wells, 104 U. S. 159, 26 L. Ed. 686; Williston on Contracts, §§ 70, 71. The decree dismissing the bill is sustainable on the ground that the court was justified in concluding from the evidence that the instrument relied on as the basis of the • relief sought did not become a contract enforceable against the appellee.
  That decree is affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "trade". Your task is to determine what subcategory of business best describes this litigant.
choices: auto, auto parts, auto repairs chemical drug food oil, natural gas, gasoline textile, clothing electronic alcohol or tobacco general merchandise other  unclear