Cincinnati Glass & China Co. v. Stephens

The salient facts necessary to be stated are these: The defendant ordered from the plaintiff a bill of queensware to be shipped September 1. On September 5 the plaintiff shipped a portion of the order and sent to the defendant an invoice therefor on which was written the statement, “balance of the order will follow shortly.” The defendant accepted these goods and used them. No further communications or transactions between the parties ensued until November 6, when the plaintiff delivered to the transportation company the remainder of the order; on November 18 the goods arrived at destination…