Grand Traverse Fruit & Produce Exchange v. Thomas Canning Co.

Plaintiff entered into a written contract with defendant in June, 1916, to deliver to it during *96the season. 45 cars of sour cherries at a stated price. As the season progressed it became evident to plaintiff’s manager, Mr. Kern, that the crop was not going to be as large as anticipated, and that it might have difficulty in filling the order. With this in mind Mr. Kern approached the defendant with the idea of reducing the number of cars to be delivered, and it is his claim that defendant did consent to reduce the number to 22% cars. Plaintiff began to make deliveries, and, after delivering 15…