Stephens-Adamson Manufacturing Co. v. Bigelow

The opinion of the court ivas delivered by

Voorhees, J.

In the trial of a District Court suit founded upon a written contract, dated May 12th. 1911, for *586the sale and purchase of machinery, the following clause occurred : “The time of delivery (which is to .be the date of shipment from our works at Aurora, Illinois), to be about * * * from receipt by us of your acceptance of this proposal and final information necessary for completion of order.”

There was a plea of recoupment. The court heard parol testimony regarding the time of delivery, but finally struck it out as not admissible. Naumberg v.…