Louis F. Dow Co. v. Bittner

Action for the purchase price of merchandise, resulting in a decision, a jury having been waived, for plaintiff. Defendants appeal from the judgment.

Defendants were copartners who, January 16, 1930, contracted with plaintiff for the purchase of 400 calendars, upon which, according to the contract, certain indicated advertising of defendants and their business was to be printed. After that printing was done, but before delivery of the calendars “f. o. b. cars, St. Paul,” as the contract required, defendants attempted to repudiate. Their one de fense now is that while they might be liable for…