Emerson Shoe Co. v. Gruskin & Herschberg

Opinion by

Uawthrop, J.,

This is a suit in assumpsit to recover for merchandise sold and delivered to defendants. The facts are not in dispute. On May 28, 1920, defendants ordered from plaintiff, and plaintiff agreed to sell and ship to defendants by express to Ford City, Pennsylvania, sixty pairs of shoes of certain definite kinds, material, numbers and quality. They were to be shipped in plain white cartons ‘ ‘ at once. ’ ’ They were not shipped from Chicago until June 28,1920, and did not arrive in Ford City until about July 1st. There was a shortage in the shipment, only fifty-seven pairs…