Capper v. Manufacturers Paper Co.

The opinion of the court was delivered by

West, J.:

On August 30, 1906, plaintiff, Arthur Capper, and the defendant paper company entered into a written contract by which the latter agreed to.furnish, for use in the publication of the Topeka Capital during one year from October 1, 1906, to October i, 1907, 720 tons of paper with a leeway of 5 per cent over or under in quantity per year, the shipments to be at the rate of 60 tons per month. The plaintiff agreed to pay $2.12 a hundred pounds, f. o. b. Topeka, payment to be net cash 30 days from date of invoice in Chicago and New York exchange, a…