84 N.Y.S. 154 | N.Y. App. Term. | 1903
The defendant, by writing dated March 4, 1903, ordered one Total-Adding Register of the plaintiff, upon terms therein stated, and expressly agreed that “this order shall not be countermanded.” Whether the order was sent by mail, or handed to a representative of the plaintiff, empowered to or who did accept it on its behalf, does not appear; and so there is no evidence of acceptance of the order earlier than March1 9th, when the plaintiff tendered delivery of the machine, and March 12th, when by letter it acknowledged the receipt of the order. Prior thereto, and March 7th, the plaintiff received a letter from the defendant—a registered letter—countermanding the order. In this, its action for the purchase price, judgment was rendered in favor of the plaintiff, the
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. All concur.