(DOWNLOAD) "Fred F. Dow v. A. C. Cheney Piano Action" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Fred F. Dow v. A. C. Cheney Piano Action
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
At the times here material, the plaintiff was a lumber dealer doing business in Belmont, Vermont, and the defendant was a piano manufacturer located in Castleton, New York. On January 20, 1923, defendant gave plaintiff an order for four hundred thousand feet of No. 1 common and better hard maple to be delivered f. o. b., Castleton, New York, and eighty thousand feet of white birch to be delivered f. o. b. Brandon or Rutland, Vermont. The order contained these provisions: "The stock to be first class in every respect and equal to what we have been receiving. 3% discount 15 days from date of invoice. Shipping instructions to follow." Plaintiff accepted the order. The quantity of lumber thereby called for, except as modified by agreement of the parties, was furnished by plaintiff and accepted by defendant. Some of it was shipped on shipping instructions given by defendant, and some was shipped without such instructions. The plaintiff claimed, and still does, that defendant did not receive the lumber as fast as it was bound to by the terms of the contract, and that it deducted the 3% discount in instances where it had no right so to do. Both claims were, and are, denied by defendant. After all the lumber had been shipped and accepted by defendant and paid for as it claims, plaintiff brought this suit to recover, to quote from his specifications:
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