Jones
Adams-Campbell Co. v. Jones
Opinion
Lead Opinion
Curtis, J.
Plaintiff and defendants entered into a written contract on the seventeenth day of March, 1920, whereby plaintiff agreed to furnish the material and manufacture for the defendants 5,000 razor-stropping machines at the price of 77 cents each or $3,850 for the whole number. Said machines were to be made in accordance with the model furnished plaintiff by defendants and were to be paid for, one-fourth of the purchase price at the date of the agreement, one-fourth thereof when plaintiff had the material for the manufacture of said machines in its shop, and had actually commenced work on their manufacture, and the balance of the purchase price to -be paid pro rata on the delivery of the machines. Upon the signing of the contract defendants paid to plaintiff the sum of $1,000, which amount was slightly in excess of the first payment called for in the agreement. On June 11th following, upon the statement of plaintiff that it had on hand in its shop the materials for the machines and had actually begun work upon their manufacture, defendants paid to plaintiff a further sum of $1,000 as the second payment under said agreement. At various times thereafter and beginning about July 1, 1920,…