Luscombe Engineering Co. v. Rolle Casting Co.

Dannehower, J.,

This case comes before the court on preliminary objections to a *519complaint in assumpsit brought for damages suffered by reason of defendant’s failure to deliver goods ordered by plaintiff under a written contract.

On September 23, 1946, plaintiff ordered from defendant 1,000 cast aluminum horses’ heads to be used in the manufacture of toys. On the purchase order the price was marked “approx. 1.25 ea.” and there was also a notation, “Deliveries to start week of 9-23. Will advise weekly requirements.” Defendant sent a written acknowledgment of the order to the plaintiff on same…