Spies v. Caruso

This is a damage suit against an alleged purchaser of merchandise for failing to receive same.

Plaintiff alleged that he made the following contract with the defendant:

'6/25/20.

J. Caruso.

Dear Sir:

This is to certify that we have today booked you for twenty-five tubs of butter at 66%^ to be taken out as needed until December 31, 1920.

This to be binding must be signed by both parties.

(Signed) Joseph Caruso.

A. S. Spies. E.”

That the defendant took out only two of said tubs, and refused to take any more; that after demand upon defendant and refusal by him, plaintiff, on January 18, 1921, sold said…