A. M. Cameron Co. v. Shaw's Department Store

KENNON, Judge.

This is a suit to recover from defendant $270.20 allegedly due plaintiff as the price of ten dozen pairs of ladies’ silk hose sold and delivered to defendant.

Defendant in answer admitted placing an order for the hosiery in October, 1946, but set forth that delivery did not occur until the latter part of November; that in the meantime, the price of merchandise of this character had declined and purchase of similar merchandise had been made from other sources, and that the hose had con*193sequently been returned to the. plaintiff company.

The District Court rendered judgment rejecting…