Bay State Milling Co. v. Saginaw Baking Co.

In October, 1920, defendant operated a wholesale and retail bakery at the city of Saginaw, employing 11 men and using from 5 to 10 barrels of flour a day. Plaintiff’s salesman obtained an order for 500 barrels of flour to be shipped from Winona, Minnesota, to defendant at Saginaw, at $12.10 per barrel, “delivery to carrier at shipping point, with freight (basis rate in effect date of sale) allowed to Saginaw, Mich.” ■ This order was signed “E. Jakubowsky, buyer,” and was made subject to confirmation by plaintiff. Plaintiff refused to confirm at $12.10 and wanted $12.20 per barrel. Thereupon…