Rothstein v. Mirvis & Fox, Inc.

Birdsong, Judge.

Suit on open account. Mirvis & Fox, appellee herein, is a textile company selling a varity of items. The appellant, Herman Rothstein, purchased numerous items such as bedspreads, potholders, towel ends, tank sets, bath sets, rugs, wash cloths, chair and sofa throws, and the like during 1975 and 1976. The evidence offered by the vice-president of Mirvis & Fox, Saul Fox, established that Rothstein came to the appellee’s place of business and purchased items directly from the warehouse, accepted immediate delivery and usually drove away with the purchased items. Purchase order…