Hill's, Inc. v. William B. Kessler, Inc.

*43Mallery, J.

The plaintiff, Hill’s, Inc., ordered thirty-four men’s suits from the defendant, using a printed form supplied by defendant through its salesman. The printed form provided that the order would not become a binding contract until it had been accepted by an authorized officer of the defendant at its office in Hammonton, New Jersey.

The defendant’s salesman procured the order on May 16, 1950, and on May 23, 1950, the defendant, by form letter, advised the plaintiff that “You may be assured of our very best attention to this order.” What occurred next is shown by the trial court’s…