Apex Engineering Co. v. North American Oil Consolidated

This is an appeal from a judgment for the defendant in an action to recover $1,750, the agreed purchase price of a certain heat exchanger manufactured by plaintiff for the defendant.

The principle involved upon the appeal is fundamental in the law of contracts. It is presented by the following facts: On May 22, 1924, the representative of the defendant company gave to the representative of the plaintiff company an order for one “Heat Exchanger consisting of material as per letter of December 12, 1923,” at a price of $1,750. This was termed an “emergency order” and contained the direction “please prepay freight and include in invoice.” The heat exchanger was to be made up. On the reverse side of the order it was stated: “It is understood that this emergency order is entirely exhausted by the delivery of goods of one date and one invoice. . . . All goods delivered under this order must be receipted for on this order by person taking delivery and duplicate of this order sent at once to our purchasing department at Field Office, Taft, California, same to be followed by invoice (in triplicate) which shall cover all goods delivered under this order and none other.”

This order was…