R. R. Waites Company v. E. H. Thrift Air

This action for the contract price of air cabinets made to order by plaintiff and delivered to defendant was initiated in the magistrate court. Plaintiff had judgment and defendant appealed to the circuit court. The cause was submitted de novo to a jury which returned a verdict for plaintiff. Defendant appeals to this court. The defendant was engaged as subcontractor for the installation of air ducts at a Ramada Inn project. Plaintiff corporation is a manufacturer's representative for air products and on October 13, 1967, submitted to defendant a quotation to furnish air cabinets for the construction project. In June of 1968, at the request of defendant, plaintiff sent defendant submittal drawings of the air cabinets conforming exactly to the plans and specifications of the architect. At the same time, plaintiff alerted the factory of the possible order with instructions to hold the air cabinets [made to order by the factory] until released by the purchaser. It was plaintiff's evidence [but denied by Thrift, president of the defendant corporation] that in November of 1968, Thrift requested plaintiff to release the equipment - which, in the industry, means an order to the supplier for shipment. On that same day, plaintiff instructed the factory to ship the air cabinets and in December of 1968 the merchandise was received by defendant.