Huessener v. Fishel & Marks Co.

Opinion by

Mr. Justice Schaerer,

This was an action to recover the loss resulting from defendant’s refusal to comply with the terms of its contract to purchase from plaintiff 41 tons of steel sheets known as “cold rolled full finish black sheets,” part of an entire contract for the furnishing of 209 tons of the material, the balance of which had been received and paid for by defendant. The verdict was in plaintiff’s favor and from the judgment thereon defendant has appealed.

The contract was a parol one partly evidenced by a letter from defendant to plaintiff, which stated: “We confirm purchase…