Commander Door, Inc. v. Dunsmuir Lumber Co.

Appellant, here called Commander, brought this action to recover damages for an alleged breach of a written contract for the purchase by it from the appellee, here called Dunsmuir, of quantities of lumber which Commander desired for use in the manufacture of doors. Under date of March 3, 1950, Commander executed its own printed form of “purchase order” addressed to Dunsmuir and requesting shipment of a number of carloads of lumber to be cut to stated specifications. In addition to stating the prices to be paid, with other specifications for manufacture and shipment, the instrument contained a shipping schedule calling for 22 carloads over a period beginning March 15, 1950, and thereafter at stated intervals to December 1 in the samé year. The order recited “The prices on this order are firm.” It also contained the printed provision “It is understood and agreed that any unshipped portion of this contract may be canceled at any time, without cost to us.” The so-called order was accepted by the signature of Dunsmuir’s president at a place provided for that purpose upon the order form.

Thé parties began performance under their agreement and shipments were made in accordance with the…