The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 51
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CARROLL V. MELVILLE SHOE CORPORATION 51
(272 F )
make delivery of them in accordance with its agreement. It is neces-
sary, therefore, to determine whether there was any such contract as
the defendant asserts. The defendant corporation is not engaged in
the manufacture of shoes, but conducts some 15 retail shoe stores. It
was necessary to notify the shoe manufacturers in advance of what the
retailers would need, so as to give the factories the time needed to man-
ufacture them. The defendant usually ordered its fall goods in March
and April and its spring goods were ordered in the summer. The pres-
ident of the defendant corporation testified as follows:
"Q. When you give orders can you give the exact sizes you want9 A No-
we don't do that; we do it in blank. We give the quantity of a certain grade
of shoes to a manufacturer, and he covers, and that is then detailed at differ-
ent intervals after that
"Q When you say detailed, what does that mean' A. Write out the sizes
and the detailed description of the shoe.
"Q. In other words, if a man has an order for 10,000 shoes of a certain
number, the material, no matter what tlhe size, is identical, is it? A Yes, sir
We buy 10,000 pairs of shoes No. 13, Russian, of a certain grade of shoe to he
delivered, for instance, between the 1st of July and the 1st of November We
will detail within two weeks a portion of that order, maybe 15 or 20 per cent,
and two weeks after another 15 per cent.
"Q You mean you give the sizes? A. Yes, sir.
"Q The number of the particular sizes? A. Yes, sir; the tip punch and
different other little details of the shoe.
"Q. That is what you mean by details? A. Yes, sir
"The Court: In your first order you did not give either the sizes or the
"The Witness' No, sir.
"The Court: But merely the number of shoes?
"The Witness. 'ile object of the first order is for the manufacturer to
cover himself with leather that goes into that shoe"
At the time herein involved the defendant did not deal in either
women's or children's shoes, but only in men's shoes.
The Macdonald & Kiley Company on March 28, 1916, wrote to the
defendant a long letter, in which it explained the reasons why in the
existing condition of the market, and because leather at the time
was "continuing to soar higher and higher every week," it was im-
portant that orders should be placed with them early. The letter in-
formed defendant that a great many merchants recognizing conditions
had placed orders in March which heretofore had not been placed until
May or June. -The writer added:
"I wish to be in a position to know the exact number of shoes you would
wish for next fall, so as to ,prepare and set aside for your individual business
all materials including upper leathers, mat calf, linings, facings, sole leathers,
innersoles, welting, heel stock, etc.. which I purchased at the old prices, so as
to be able to give you your regular line of shoes at the same price as formerly
and allow you to sell them at the prices you have been selling this grade of
The letter also stated:
" * * * We will in no way embarrass you on your size-up orders, with-
out giving you plenty of time to adjust yourselves to the new conditions
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/73/: accessed April 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.