Baxter v. Lustberg

Merrell, J.:

The action was brought to recover damages by reason of the alleged default of the defendants and their refusal to accept and pay for a quantity of cotton flannel alleged to have been sold by the plaintiff to the defendants. The plaintiff is a converter of cotton fabrics, including shirtings. The defendants are manufacturers of shirts. Owing to war conditions and the high price of flannels, the plaintiff placed upon the market a line of imitation flannels made of cotton and known as “ cotton flannel.” The plaintiff alleges that on October 15, 1918, the defendants, by Max Nast, one…