Davis-Watkins Dairymen's Manufacturing Co. v. Cronin Dairy & Ice Cream Co.

Upon the trial plaintiff offered no evidence tending to excuse the delay from August 2, 1920, to March 2, 1921, for the shipment of the special order of bottles under the contract of August 2d and which were by its terms to be for immediate shipment. One of defendant’s officers and the only witness on the trial testified that the customary period for the making and delivery of such glass lettered bottles was from thirty days to six weeks, and on cross-examination by plaintiff’s counsel testified that orders for such goods for immediate shipment meant within six weeks at the latest. Plaintiff…