Outlet Embroidery Co. v. Mills

The essential facts upon which the action is predicated are stated in the dissenting opinion of Mr. Justice McAvoy. It is to be noted that the contract fixes a firm price. Because such price was made subject to possible future tariff revision, the agreement did not become unenforcible because of indefiniteness. Nothing in the pleading attacked shows any change in the existing tariff regulations. Such change would be a condition subsequent to be pleaded and proved by the defendant. If such revision would render the price indefinite or *114unascertainable, then it might be said that the defendant…