Temerson v. Esskay Dress Corp.

The plaintiff during the month of August, 1921, gave the defendant three separate orders to manufacture dresses for him. The arrangement between the parties provided that the plaintiff should furnish the material for the dresses to be manufactured by the defendant, that such materials were to be billed to the defendant at agreed prices “ on memo,” and that the defendant should bill the dresses to the plaintiff when manufactured at an agreed price which should include the value of the goods furnished to the defendant on “ memo ” by the plaintiff. It was further agreed that the materials…