The Zone Co. v. Service Transportation Co., Inc.

The opinion of the court was delivered by

Hehek, J.

Plaintiff sues for the price of 330 gallons of heatry duty roof coating sold to defendant under an agreement in writing which did not fix the time of the delivery of the goods nor the mode of transportation. The District Court Judge, sitting without a jury, found that the merchandise was not delivered within a reasonable time; and accordingly he gave judgment to defendant.

The writing, styled an “order blank,” was in terms an order for the goods and a promise to pay the price thereof, as therein specified, signed by defendant and accepted by…