Wilson Gold Stamping Mach. Co. v. Webb Hardware & Furniture Co.

HAMITER, Justice.

Entertaining the belief that possibly the Court of Appeal had committed an error of law in its decision of this cause we issued the writ of certiorari.

From the. record, transmitted here pursuant to the writ, it appears that the defendant ordered from plaintiff, through the latter’s representative (F. A. B. Sales Company of Dallas, Texas), a Speed Printz Gold Stamping Machine and certain accessories, including one set of No. 33 type. In due course the order was filled, except for the mentioned type which plaintiff had discontinued.

Because of the failure of delivery of such…