Rusk Manufacturing Co. v. John D. Mershon Lumber Co.

On September 29, 1931, the defendant, engaged in business at the city of Saginaw, sent to the plaintiff at Shawano, Wisconsin, a written order for certain dimension lumber, to be shipped to it at Hooksett, New Hampshire, which was accepted in writing by plaintiff by letter dated October 1, 1931. The plaintiff manufactured and shipped the lumber. On its arrival at its destination, and while still loaded, it was examined by the customer to whom defendant was selling it and defendant notified that it did not comply with the order given. Defendant, by night letter dated October 22d, so informed…