Marshall Manufacturing Co. v. Berrien County Package Co.

In July, 1931, after some correspondence, the Berrien County Package Company, of Eau Claire, Michigan, defendant, made a purchase of bushel baskets from the Marshall Manufacturing Company, plaintiff. The negotiations culminated in defendant’s order requesting the shipment of one carload of “tub” bushels and one carload of “round bottom” bushels, without designation of color. In filling this order, plaintiff called attention to the fact that the “tub” bushels it was sending had a green top hoop and also a red stave, “which is standard for us.” It, however, stated that if defendant should…