Doll Smith v. A. S. San. Dairy Co.

On June 9, 1924, defendant signed an order to plaintiff to ship by express F. O. B. New York as soon as possible the described advertising material. By the language of the order, defendant agreed to pay the price on stipulated terms. The order was apparently given to an agent, and by him forwarded to plaintiff in New York. On June 14, 1924, the plaintiff received the order, and referred it to the factory to be filled. Plaintiff paid the agent’s commission and' incurred other expense, but gave no notice to defendant of acceptance. On June 16,1924, defendant wired cancellation, and on June 19,…