Apex Engineering Co. v. North American Oil Consolidated

This is an appeal from a judgment for the defendant in an action to recover $1,750, the agreed purchase price of a certain heat exchanger manufactured by plaintiff for the defendant.

The principle involved upon the appeal is fundamental in the law of contracts. It is presented by the following facts: On May 22, 1924, the representative of the defendant company gave to the representative of the plaintiff company an order for one “Heat Exchanger consisting of material as per letter of December 12, 1923,” at a price of $1,750. This was termed an “emergency order” and contained the direction…