Shushan Bros. & Co. v. Vilensky

Plaintiff, a wholesale dealer in dry goods, through one of its salesmen, obtained on or about April 16, 1926, an order from defendant for merchandise, amounting to $699.65.

A shipment amounting to $99 was made under the order on June 14, 1926, and, on receipt of same, defendant, after examining the goods, returned the shipment to plaintiff, and wrote plaintiff, advising it ¡that the goods were not of the quality which he had ordered, and stating that, if the balance of the order would be the same, for plaintiff to cancel the order. On receipt of defendant’s letter, plaintiff replied, stating…