Joy v. Schloss

McAdam, Ch. J.

David Smith, a clerk of the plaintiffs, took samples and went around among the clothing trade soliciting orders. He called upon the defendants and obtained an order for two styles of cloths, known in the trade as Salisbury suitings. The quantity and price were agreed upon, and the goods were to be delivered in May, *1331883. The price exceeded $50; no note or memorandum of the contract was subscribed by the defendants, and no part of the goods were accepted by the defendants.

Two sample pieces of about thirty-five yards were delivered to the defendants in April, and were returned…