D. C. Sherrell Co. v. Barkin, Levin & Co.

FOSTER, Justice.

This suit is by the seller, who was the manufacturer of ladies’ coats, against the buyer. The seller contended and testified that there was no written order, that the sale was made on a verbal purchase by defendant with his agent, while in plaintiff’s office in New York, and that the coats as ordered were what they called “half size,” that is, shorter than others, and intended for short stout ladies. Defendant contended that he saw the samples and that they were regular sizes, and gave what he calls a written order, which he offered in evidence. It is merely a memorandum,…