Western Hat & Manufacturing Co. v. Berkner Bros.

Lees, C.

This action was brought to recover the purchase price of gloves ordered by respondent, a retailer at Sleepy Eye, from appellant, a wholesaler at Milwaukee. A recovery was denied, as was a motion for a new trial, and this appeal followed.

The court found that on April 14, 1925, respondent gave one of appellant’s traveling salesmen a written order for a quantity of gloves, describing them by number, size, and name. The salesman made a memorandum, stating that the gloves were to be shipped over the Chicago & North Western railway in August and were to be paid for in November. The order…