Matchless Electric Co. v. Morley Bros.

November 10, 1927, defendant gave plaintiff a written and signed order for some 8,000 flashlights and automobile bulbs for immediate delivery, via Pere Marquette railroad, and billing as of February 1st, 2 per cent. March 10th. The goods were delivered to the railroad company December 6th and received in defendant’s receiving room December 10th. Defendant made no complaint of delay in delivery, but, on the contrary, on December 7th, after the goods were shipped but before received, it wrote plaintiff to delay shipment until further orders. On December 13th, after it had examined some of the…