Acme Equip. Co., Inc. v. Alleg. Steel Corp.

Opinion by

Hoppman, J.,

Appellant, Acme Equipment Co., Inc., '' distributes equipment for trucks and buses. On April 11, 1963, appellant ordered a product known as Formula T-3 OB and related equipment from Allegheny Steel Corporation [Allegheny]. The material was to be shipped on open account, and the freight was to he prepaid. Payment was not to be made by appellant until a representative of Allegheny demonstrated that Formula T-308 effectively sealed large tires.

The materials, however, were shipped with sight drafts totalling $3,703.42. Upon being advised of this, appellant contacted…