Pakas v. Hollingshead

The defendants, by written contract dated August 30, 1898, sold to the plaintiff 50,000 pairs of Hercules bicycle pedals at certain stipulated prices, deliveries to begin immediately, 500 pairs weekly until December first, after that 1,000 pairs weekly untill expiration of contract. Terms of payment, “ sight draft with the document at*288tached.” The pleadings and proofs show that the defendants only delivered 2,608 pairs of pedals under the contract; that they refused to make any further deliveries; that thereafter- and on or about March 15, 1899, the plaintiff brought an action against the…