Thatcher

This is an appeal from a judgment in favor of the defendant in an action for the purchase price of 4,501 pounds of steel alleged to have been sold and delivered.

The appellant is a corporation of the state of New York. Through its agent an order for the purchase of steel bars for foundry use was obtained from an employee of the respondent August 1, 1922. This order was written upon a form furnished by the respondent in the following language:

On August 16, 1922, this order was shipped from New York by way of the Panama Canal. The evidence satisfactorily shows that this steel was delivered to respondent’s mills in Sterling City, December 29, 1922. On January 1, 1923, for a consideration, respondent’s mills, together with all equipment and supplies were transferred to the Diamond Match Company. This shipment of steel was never returned to the appellant, nor was it accounted for by the respondent. The evidence tends to prove that it was in fact conveyed to the Diamond Match Company upon the sale of respondent’s mills. On September 22, 1922, after the steel had been shipped from New York, but before its arrival at Sterling City, the respondent wrote the appellant charging it with…