Western Lithograph Co. v. Vanomar Producers

This is an appeal by the defendant, a corporation, from a judgment for the plaintiff in an action to recover the price of certain labels sold and delivered by the plaintiff to the defendant. It appears that the defendant is a fruit canning concern requiring labels for its goods, and the plaintiff is a maker of labels. In February, 1916, they entered into a formal contract in writing whereby the defendant agreed to buy of the plaintiff and the plaintiff agreed to furnish the defendant all the labels the latter should need during the next ensuing five years at certain specified prices dependent upon the character of the labels ordered. The contract was performed for the year 1916 at the prices specified. By June of the next year, however, the cost of materials and labor had increased greatly, with a consequent increase to the plaintiff of the cost of making labels. This was represented to the president and general manager of the defendant, and he was requested to agree to a flat increase of thirty-five cents per thousand on the contract prices. This he did by letter dated June 15, 1917, addressed to the plaintiff, and reading:

The labels for 1917 were delivered and paid for at the…