Farish Co. v. Madison Distributing Co.

L. HAND, Circuit Judge.

The plaintiff was a cotton commission house acting on behalf of a North Carolina mill, originally known as the Shelby Cloth Mills, later as the Cleveland Cloth Mills. The defendant used such fabrics in its business. The facts, as the jury might have found them, were as follows:

On November 25, 1925, one E. R. Valentine, a salesman of the plaintiff, made a written contract with the defendant for the delivery of such goods, and on December 15, 1925, an oral contract for another delivery, for which Valentine wrote out an unsigned order. Both these recited that the contract…