Triway Co. v. Teper

The plaintiff received an order from the defendant on or about November 7, 1946, for one gross of aluminum toy trucks. The order was on a printed form of the defendant and stated: “ Ship Via: Freight Ship When: At Once.” The trucks were shipped on November 18,1946, by Pacific Intermountain Express, which is a motor carrier. The defendant had not received them by December 2d, so on that date he sent a card, air mail, canceling the order. Plaintiff then attempted to trace the articles and found that there had been a truck drivers ’ strike and that embargoes had been placed on deliveries to…