Vermillion v. Marvel Merchandising Co.

Clay, Commissioner

Reversing.

The controversy in this case arises on appellants’ counter-claim for a breach of contract. On a trial of the *197case, the jury returned a verdict for the appellee company. Appellants contend they were entitled to a directed verdict, and the instructions were erroneous.

On January 23, 1947, appellants ordered through appellee’s salesman twenty-five washing machines at the list price of $115.50. The shipping date on the order was noted “as ready.” A memorandum on the order specified: “If possible ship two with or without motors at once. Balance to follow as arrival of…