Sterling Mint Co. v. Dellenbarger MacHine Co.

Opinion by

Keller, J.,

The defendant, on October 21, 1931, proposed in writing to make, and supervise the erection of, an Automatic Combination Kneading, Rolling and Scoring Machine for the manufacture of chewing gum, for the plaintiff, for $7,984, payable as follows: First payment with contract, $500; second payment, on shipment, $500; third payment, twenty-four notes of $291 each, extending over two years, $6,984. “Delivery, as of immediate acceptance, so as to make installation during Christmas week.” The purpose in accepting settlement, in case of favorable conditions, “in the form of…