Electro Lift, Inc. v. Miller Equipment Co.

The parties at the trial stipulated execution of their original contract by which plaintiff had agreed to sell and defendant to buy certain specified equipment. They stipulated that the equipment originally agreed on between them was to be as described in defendant’s written purchase order dated 4 August 1962. This writing described a motor driven trolley designed to travel at a specified speed upon a track “and to turn approximately 8’ radius.” The present controversy centers on whether this particular original contract specification was thereafter effectively modified.

Parties to a contract…