Page:Federal Reporter, 1st Series, Volume 10.djvu/806

 794 FEDERAL REPORTER. �"Wattsatj, AVisconsin, Decettiber 17, 1880. �"James Laffel & Co., Sprinyfteld, Ohio: You will please manufacture and ship to the undersigned, at Wausau, Wiscousin, Marathon county, oiie of your 66-inch LefEel water-wheels, running with saw. Bore top half of coupling 5J. Whael to be shipped by the fifteentli day of February, 1881. To drive �gang-mill situated in Wausau, Wisconshi, and displacea wheel under �10 feet head and fall. �" In consideration of which the undersigned agree to pay, with exchange, besides freight from manufactory, the 3ura of $950 ; $300 cash, balance in good notes, drawing 7 per cent, interest, payable in six and nine months from date of shipment. Af ter the wheel has run 30 days, they want privilege of taking up notes at a discount of 3 per cent. �[Signed] " Clark, Ieeland & Co., Wausau, Wisconsin." �This order was, on the day of its date, delivered by defendants to D. J. Murray, residing at Wausau, who was aeting as local agent of plaintifis in taking orders for plaintiffs for the manufacture of ma- chinery, and forwarded by him on the next day to the plaintiffs, at Springfield, Ohio, who received it by due course of mail, on December 20th, and on that day or the next proceeded to manufacture the wheel, which they completed according to contract in about 12 or 15 days from the receipt of the order, and on the thirteenth of January shipped it to the defendants, at Wausau, according to the directions in the order, notifying defendants of its shipment, and enclosing blank notes for them to sign and return. The wheel reached the railroad depot in Wausau by due course of freight, when the defendants saw and had a chance to inspect the same ; but they refused to receive the wheel or to pay the purchase price. This action is brought, setting forth all the facts, to recover the amount of the contract price of the maehinery, either as upon a sale and delivery of the goods man- factured, or as damages for non-performance of the contract on de- fendants' part. �Defendant John Clark testifies that about December 20th he went to the agent, Murray, who had taken the order, and told him that he was negotiating with G. P. Hazleton for a second-hand wheel, and wanted bim to hold on to the order, and told iViurray to write to plaintiffs at Springfield to delay the manufacture. On December 30th Murray wrote as follows to plaintiffs: �" Waijsau, Wisconsin, December 30, 1880. " UEKTs : Messrs. UlarK, ireland & Co. came here and reqnested me to write you and sisy they think some of purchasing a second-hand wheel, and would ask you to hold on with the order for the 66-inch wheel. You had beiter write them. The matter is in your hands. �"Yours, truly, D. J. MuraiAY." ��� �