Weston Paper Mfg. Co. v. Downing Box Co.

EVAN A. EVANS, Circuit Judge.

Defendant’s demurrer to the plaintiff’s declaration was sustained and the action was dismissed by the District Court. To review the judgment thus entered, the present writ of error was issued. The controversy arises out of a sales agreement, the material! portions of which are set forth below.1

Defendant’s refusal to accept the strawboard was occasioned by its belief that the agreement was not binding, due to the price provision, which read:

“Which price shall be the seller’s market price then existing under this the seller’s standard form of quarterly price fixing…