Steber v. Palm Knitting Co.

Smith, J.:

The action was brought to recover damages for failure of the defendant to deliver certain merchandise which it is claimed the defendant agreed to deliver to the plaintiff consisting of some silk neckties. The defense asserted is that the defendant did not agree to make such deliveries, but that a memorandum was made out for goods which the defendant was to deliver in case it should find itself able to deliver the same and should desire so to do. The parties here do not question that the issue was properly presented to the jury whether the orders made were accepted by the defendant…