Dow v. A. C. Cheney Piano Action Co.

At the times here material, the plaintiff was a lumber dealer doing business in Belmont, Vermont, and the defendant was a piano manufacturer located in Castleton, New York. On January 20, 1925, defendant gave plaintiff an order for four hundred thousand feet of No. 1 common and better hard maple to be delivered f. o. b., Castleton, New York, and eighty thousand feet of white birch to be delivered f. o. b. Brandon or Rutland, Vermont. The order contained these provisions : ‘ ‘ The stock to be first class in every respect and equal to what we have been receiving. 3% discount 15 days from date…