Nelson v. Cutter Boat & Motor Co.

On Rehearing

MERRILL, Justice.

Counsel for appellee argue strenuously that the variance referred to in charge 7 was one of material substance and not a mere element of time. We cannot agree. The whole tenor of the correspondence between May 14, 1947 and January 28, 1948 shows a desire to continue a dealership arrangement if defendants would pay the account. The parties continued to do business with each other during the period and defendants were still the exclusive dealers in the territory. We quote extracts from the letter of plaintiff to defendants dated January 28, 1948:

“ * * * please take…