Meyercord Co. v. P. H. Butler Co.

Opinion by

Gawthrop, J.,

Defendant is a dealer in groceries in the City of Pittsburgh, and plaintiff is a manufacturer of window signs. On September 23, 1918, defendant' gave the following order to plaintiff:

“Order No. 1321 Date Sept. 23,1918.

“The Meyercord Co. (Inc.)

“Chicago, Ills. U. S. A.

“Sold to P. H. Butler Co.,

“At Pittsburgh, Pa.

“Ship via Express When At once.

“Terms 1% cash 10 days or 30 days net from date of invoice F. O. B. Chicago.

“As it is impossible to make the exact quantity, it is agreed that an overage or shortage, not to exceed 10%, shall be accepted as filling this contract. All…