Bernhardt Lumber Co. v. Metzloff

This action is brought by the plaintiff to recover a balance due for certain box shooks sold and delivered by the plaintiff under contracts between them, one of which contracts bears the date December 8,1916. This contract although dated December 8, 1916, was without doubt signed and executed early in the year 1917, and dated back so as to embody, with some modifications, an earlier oral agreement made about December 8, 1916. The contract took the form of a written order by the defendant to the plaintiff, which was formally accepted by the plaintiff. By its provisions the plaintiff, which…