Henry Glass & Co. v. Misroch

In October, 1918, plaintiffs agreed to sell and defendant to buy 6,000 yards of material, described as Palm Beach suitings, to be delivered at defendant’s place of business on January 15, 1919, and to be paid for seventy days thereafter. Tender of delivery was made at the prescribed time, and rejected by the buyer’s agent. The sellers thereupon gave notice to the buyer that the goods would be resold for his account and that he would be charged with the deficiency. Thus warned, the buyer . telegraphed the sellers: “ Had instructed receiving clerk to accept invoice of January fifteenth.” At the…