American Enameled Brick & Tile Co. v. Brozek

Plaintiff, a New York corporation, manufactures enameled brick. Thomas Brothers & Co., Detroit, Michigan, its sales agent, sold defendant, Stanley Brozek, a builder, an order for the purpose of erecting a public building in Dearborn, Michigan. The price of the brick was $11,477.66, subject to a 2% discount on the 10th of the month following delivery. All of the brick was delivered shortly thereafter, but was not paid for on the 10th of the month following delivery so as to entitle defendant to a discount. There was some dispute as to whether defendant instructed Thomas Brothers & Go. to ship…