Moneyweight Scale Co. v. Loewenstein

This action was brought upon a promissory note-for $70 made by the defendant payable to plaintiff’s order and dated October 3, 1905. On that day the defendant signed an order directing the plaintiff to: “Please ship me [giving address] one * * * computing scale.” The defendant agreed to pay for such scale, the sum of $77, and then paid $7, and gave the above-mentioned note for $70;-On October 12, 1905, the plaintiff accepted said order, and there is no contention made that the plaintiff did not ship the scale to the address of the defendant, although he claims that he never received it. The…