Coppola v. Marden, Orth & Hastings Co.

G. S. Coppola, plaintiff in error, gave his written order to a solicitor of the Harden, Orth & Hastings Company, defendant in error, on July 9, 1914, for forty barrels of a certain brand of olive oil at $1.30 per gallon, said oil to be delivered within one year, terms sixty-day draft with shipment. On August 10, following, the plaintiff in error (hereafter called plaintiff) called upon defendant in error (hereafter called defendant) for five barrels of olive oil. Defendant on August 13 by letter acknowledged receipt of the said order for' five barrels of the forty barrels ordered July 9,…