Crystal Paper Co. v. Robertson Co.

KNAPPEN, Circuit Judge.

On November 11, 1915, plaintiff’s predecessor (whom we shall call plaintiff) gave defendant a written order for— -

“15 to 20 carloads (40,000 pounds to car) No. 1 bleached white sulphite waxing tissues [three different specifications of weight, each at a different price], shipments as may require during calendar year of 1916.”

This order was accepted by defendant with the modification:

“Shipments are to be made in approximately equal monthly installments during 1916, and you are to furnish us with specifications SO days in advance of the shipping date. This contract is…