New England Concrete Construction Co. v. Shepard & Morse Lumber Co.

The contract upon which this action is brought arises from certain letters and an “order slip” delivered to the plaintiff by the defendant. By the terms of the contract the defendant agreed to manufacture and furnish the plaintiff fifty-eight thousand feet of No. 1 maple flooring, in accordance with certain specifications, for the sum of $37.50 per thousand, delivered at Salem, Massachusetts. “Delivery to be made about June 1, next.”

The defendant, in its letter to the plaintiff dated January 14, 1913, states: “We will forward the order to our Burlington, *208Vermont, mill and will make…