Ernst Iron Works, Inc. v. Duralith Corp.

The defendant is engaged in the manufacture and sale of a wall texture called “ Duralith.” Since 1933 it has been manufacturing and selling in addition a coloring material called “ Duratint.” On May 5, 1933, the plaintiff, a corporation having its place of business in Buffalo, New York, signed a printed contract for the purchase of twenty tons of Duralith, and at the same time signed an order for Duratint. The contract was submitted to the officers of the defendant corporation and accepted by them. The products ordered were delivered to the plaintiff and payment was made for them. Shortly…