Dodge v. F. A. D. Andrea, Inc.

THOMPSON, District Judge.

Under the contracts in suit, the plaintiff agreed to manufacture for the defendant some 20,000 cabinets for radio sets. The contracts consisted of proposals and acceptances, which were followed by purchase orders accepted by the plaintiff, each containing in substance the following provision: “These cabinets to have best quality lacquer finish equal to our sample. The color must be identical with our sample.”

Upon some of the cabinets white spots developed upon the lacquer finish after delivery. After about 11,500 cabinets had been delivered, the defendant notified the…