D. Mackintosh & Sons Co. v. Spinell

Levy, J.:

This cause comes before me on an agreed statement of facts. It appears that on December 1, 1919, the plaintiff agreed with the defendant to manufacture and deliver to him 20,000 pounds of cotton yarn at the rate of ninety-three cents per pound. Of this order 8,042 pounds were delivered and paid for. On July 7, 1920, the plaintiff at the request of the defendant suspended manufacture and delivery of the remaining 11,958 pounds, and on August 6, 1921, it was advised by the latter that he would accept no further deliveries under the contract. The cost of manufacture to the plaintiff on…