Hytken Bros. v. Hanover Children's Wear Co.

The Hytken Bros., merchants at Cleveland, Miss., ordered a bill of goods from the Hanover Children’s Wear Company through a traveling salesman living in Mississippi. The salesman went to the place of business of the appellants with his samples arid order book and took the order of the appellants for certain goods, listing them by lot numbers. These lots contained various numbers of goods, mostly dress goods.

It is the contention of Hiytken that when the goods came the colors were duplicated, and that there was an understanding that there would be no duplication of the colors of the different…