Pillsbury Flour Mills, Inc. v. Independent Bakery, Inc.

(dissenting) — These orders made by respondent to the traveling salesman of appellant were never confirmed by appellant except by shipping partial lots at various times. The orders were for a commodity selling on the'market in ordinary business, and not for articles to be manufactured upon the special order of the buyer, as was the case in Lowenthal Co. v. McCormack Brothers Co., 144 Wash. 229, 257 Pac. 632. The orders, however, also contained the stipulation that the commodity was to be taken as wanted. As the trial court found, there never was any written confirmation by appellant, the…