Treis

Appeal from judgment upon the judgment-roll.

On September 28, 1906, defendant in writing ordered plaintiff’s assignor, the Commercial Envelope and Box Company, to ship it (the defendant) ten thousand boxes. The order set forth in the complaint contained full specifications as to material, sizes and quality of the boxes, and prescribed certain lettering to be printed thereon. It was also provided that five thousand of the boxes so ordered should be shipped as soon as the box company could get them ready for shipment, and the remainder of said order to be shipped in January, 1907. It is alleged in the complaint that the Commercial Envelope and Box Company did ship to defendant the ten thousand boxes so ordered and did everything required of it to be done in filling said order; that the agreed value of said ten thousand boxes so ordered was $322.09; and that neither said sum nor any part thereof has been paid. The answer is a general denial.

The court, in effect, found that in the month of October defendant received notice from the box company that it intended to ship a less number of boxes than called for, in the fulfillment of the contract, but, notwithstanding the fact that…