McCrory Stores Corp. v. Komins

Kun, J.,

— Plaintiff had a lot of radio tubes, approximating 500,000, in its New York warehouse. Defendants agreed to purchase them in writing addressed to the plaintiff as follows: “Confirming verbal arrangement with you today we agree to purchase from you on or before December 1, 1931, all the radio tubes you now have in your New York warehouse, approximating 500,000 tubes at the price of 45c per dozen tubes net cash C. O. D.,” followed by provisions for shipment at the cost of the purchasers and deposit of $2000, as evidence of the “good faith” of the purchasers, with the agreement that…