City Electrical Service & Equipment Co. v. Estey Organ Co.

The plaintiff’s declaration in contract alleges that on September 25, 1946, the defendant placed with it a written order for approximately .1144 capacitors in five sizes to be shipped immediately by truck express; that on October 2, 1946, the plaintiff shipped 668 capacitors in three sizes by railway express; that these capacitors were tendered to the defendant at its place of business, but that the defendant has neither accepted delivery nor paid for them. A defense set up by the answer is non-compliance with the terms of the order in respect to time of shipment, manner of shipment, and…