Winter Wolff & Co. v. Co-Op Lead & Chemical Co.

This is an appeal by the plaintiff from an order granting defendant summary judgment under Rule 56 of Rules of Civil Procedure.

*210The plaintiff at the times here in question was a supplier of copper water tubing. On October 3, 1958, plaintiff entered an informal contract to sell tubing to defendant, evidenced by a letter from plaintiff to defendant setting out the specifications and unit prices. The agreement contemplated the sale to defendant of 135,000 feet of tubing in various sizes and specified the manner in which the country of origin would be indicated.

By December 29, 1958, plaintiff…