Dwight

This is an appeal from a judgment in the plaintiff’s favor for the sum of $13,955.92 damages for the alleged breach of an agreement for the sale and delivery by defendants to plaintiff of 200,000 inflammable oil cases of certain specified sizes and qualities. The agreement was in the form of an order by plaintiff of the eases in question dated May 28, 1917, and accepted by the defendants on that date. It contained the following clause as to the delivery of the goods, namely: “shipments to commence about thirty days from date, and order to be completed at the rate of 15,000 to 25,000 cases monthly as buyer may order.” The complaint set forth the order in terms in the form of an exhibit, and alleged a total breach thereof on the part of the defendants, and that by reason of such failure and refusal on their part to fulfill the terms of said order the plaintiff was obliged from time to time to purchase similar oil cases in the open market at an increased price, whereby he sustained the damages which he sought by this action to recover. The defendants in their answer admitted making the agreement in the form and terms exhibited or embodied in the plaintiff’s complaint, and further…