Lopez v. Henry Isaacs, Inc.

• Merrell, J. (dissenting):

The action was brought by the plaintiff to recover the sum of $752.01 which the plaintiff alleged he paid as the purchase price for two pieces of woolen serge which the defendant agreed to sell and deliver to the plaintiff, but which the plaintiff alleges he never received. The order for the merchandise in suit was in writing and was signed on the 18th day of April, 1920. The order provided for the shipment of the goods to the plaintiff at Havana, Cuba, by way of freight. Thereafter and on May 21, 1920, the defendant wrote the plaintiff as follows:

*605“ May 21si, 1920.

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