T. V. Wire Products v. Osipow Electric Supply Co.

This is an action to recover for goods sold and delivered pursuant to a written contract. Plaintiff appeals from a judgment in favor of the defendants.

Plaintiff, a corporation engaged in the manufacture and sale of insulated wire, entered into an agreement in writing on February 13, 1958, with defendant partnership, Osipow Electric Supply Company, composed of defendants M. B. Tyson and Les Bloomfield, whereby plaintiff agreed to manufacture and sell and defendants agreed to purchase 600,000 feet of copper wire. The contract consists of two documents:

Pursuant to the terms of the contract, plaintiff manufactured a total of 201,000 feet of said wire and shipped 126,500 feet to defendants. Thereafter, defendants cancelled the contract. Plaintiff alleged that it had performed all of the terms, covenants and conditions of the contract and that no part of the purchase price had been paid, although demand had been duly made.

Defendants admit the execution of the contract but contend that the wire ordered from the plaintiff was to be in accordance with a submitted sample having certain specifica *525 tions which had been received by the defendants from the Civil Aeronautics…