Weinroth v. Mill End Cloth. Co., Inc.

Opinion by

Gawthrop, J.,

Plaintiff got a verdict against defendant in a suit to recover damages for breach of two alleged contracts to deliver merchandise, in one of which the value of the goods ordered exceeded $500. From the judgment entered on the verdict, we have this appeal. At the trial it appeared that on June 21, 1921, an order for two hundred dozen boys’ knee pants was given by plaintiff to defendant’s duly authorized sales agent, Simon, who reduced it to writing and gave a carbon copy thereof to plaintiff. The sale memorandum was in the following terms:

“MILL END CLOTHING CO.

“Incorporat…