Claflins, Inc. v. Gerber

Finch, J.:

The action was brought to recover damages for the refusal of the defendant to accept and pay for goods tendered by the plaintiff under a contract of sale. The plaintiff claimed the defendant should pay cash as he had exhausted his credit, and the defendant claimed there was no valid credit Hmitation. Hence the dispute was as to the terms of the contract.

On August 17, 1920, plaintiff’s employee, George C. Baker, the manager of its remnant department, called at the defendant’s place of business and received a written order for forty-two cases of Canton flannel for delivery, fourteen…