Scudder-Gale Grocer Co. v. Russell

Appellant’s traveling salesman sold to appellees two cases of coffee and twenty gross of fruit jars, the coffee to be delivered immediately, and the fruit jars within about one month. The evidence shows that fruit jars, which are made of glass, are more costly than fruit cans, which are made of tin. The salesman, in taking the order, quoted the price of fruit cans, instead of fruit jars, but he sold fruit jars, and appellant is bound by the contract. The circumstances of the transaction, as well as former dealings between the parties, justified appellees in assuming that the salesman had…