Alpirn v. Williams Steel & Supply Co.

SWAIM, Circuit Judge.

The plaintiff, Morton Alpirn, d/'b/a Western Smelting & Refining Co., was engaged in the 'business of buying and selling metal products, including steel pipe, as a broker, wholesaler and dealer in Omaha, Nebraska. On November 114, 1947, after the exchange of several letters and telegrams and after he had 'been furnished a sample of steel pipe, the plaintiffs ordered by letter from the defendant, Herman Williams, d/'b/a Williams Steel & Supply Co., in Milwaukee, Wisconsin, “new steel pipe” which was described as follows:

“t/2 inch new galvanized hot dipped steel pipe 21…