Edison v. Plant Bros. & Co.

The defendant, trading as Black Shoe Store, on August 23, 1923, gave to the plaintiff’s salesman in Boston an order for certain shoes, to be specially manufactured, of which order the salesman made a duplicate memorandum, setting forth the shoes ordered, the price of each style, the terms of the sale, and the following notation of shipment, “Ship about October 10th, sure, complete.” This memorandum, a duplicate of which was furnished defendant, was not signed by him, and the order was taken subject to the acceptance of the plaintiff, who was a shoe manufacturer. The plaintiff wrote the…