Michigan Portland Cement Co. v. General Builders Supply Co.

This case, under verdict of the jury, involves the doctrine of waiver. March 20, 1922, under written contract, plaintiff sold defendant 15,000 barrels of cement, for resale to Kenneth M. DeVos, to be shipped in car load lots of about 1,000 barrels each month. The price per barrel was fixed in the contract. Six thousand six hundred sixty-three barrels were shipped and billed at the contract price up to August 5, 1922. After that date shipments were made and billed at higher prices and such prices were paid by defendant, except for the last three car load lots, amounting to 573 barrels. This…