Rock-Ola Mfg. Corporation v. Leopold

HOLMES, Circuit Judge.

This appeal is from a judgment against appellant for damages for breach of a contract to sell scales to appellee partly for cash and partly on credit.

On April 2, 1937, appellee ordered from appellant one hundred coin-operated personal weighing .scales for immediate delivery, terms $1,500 down, balance in three and six months, notes for unpaid balance to be given, payable in Jackson, Mississippi. On receipt of the order and appellee’s check for $1,500, appellant wired its acceptance thereof, advising that the scales could not be shipped for three weeks. The check was…