Mills v. Benchley Brothers, Inc.

This is an action of contract. The declaration is in two counts, the first for goods sold and delivered, and the second for breach of contract to accept and pay for yarn. The plaintiff is a manufacturer of yarn in Alabama." The defendant is a commission merchant at Boston in this Commonwealth.

The contract here in suit was made by telegrams and letters as follows: on April 9, 1920, the defendant telegraphed to the plaintiff, “have succeeded in getting customer up to 83c. for 5000 additional. Will you accept?” On the same date the plaintiff answered by telegram, “Enter order at eighty-three…