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: 53
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CARROLL V. MELVILLE SHOE CORPORATION 53
A idth is explained by the statement in the letter sent the defendant ask-
ing for the orders, and which we have already quoted that the manu-
factui er would "in no way embarrass you on your size-up orders."
Before the Macdonald & Kiley Company wrote its letter of March
28th soliciting orders its president in February had a conversation in
New York City with representatives of the defendant. The president
testified that at that time it was agreed that the defendant would want
"roughly" 40 000 pairs of shoes and would get at the orders very short-
ly. The cnurt asked him whether he meant final orders, and the wit-
ness replied. "His final orders to me for the following fall's business."
He also testified that after he returned from New York he addressed
the letter dated March 28th to defendant, "because we were very anx-
iously waiting for those orders that had been promised to be sent to us
a long while before." This must refer to "the final orders" to which
he had previously referred. He also testified that the letter written by
defendant on April 14th, and referred to above as the first blanket or-
der was probably the answer to his letter of March 28th.
The following excerpt from the testimony of the president of the
Macdonald & Kiley Company concerning the first of the blanket orders
is instructive. It is as follows:
"Q Mr Giaydon in regard to this we will say Defendant's Exhibit B one
item if you will take it. stock No. 101, 600 pairs; from that you knew how
nmuclh stock to order to take care of that, wouldn't you? A. Yes, we would
know how minch stock practically.
"Q. I mnu in a general way. A Yes
"Q. And that would be true, without my going through the whole lot of
each stock number, would it not? A. Of the stock number, that is true in
regard to stock
"Q You would not need, of course, the sizes, would you? A. No.
"Q. You have to pnichase leather in order to meet your future demands,
especially on a rising market, don't you? A. That is the policy.
"'Q I mean it is good business policy to do so? A. Yes.
"Q. And I believe that you indicated that good business policy in regard to
the leather you purchased? A. Yes
"Q. And therefore you desire to know in the spring about how much stock
you would use, don't you? A. We always calculate, about.
"Q. If it is a rising market especially? A. Yes
"Q. And in the spring of 1916 it was a rising market, was it not? A. Yes
"Q. I refer now to stock No. 101, price $3.50, 600 pairs. If a week or ten
days or two weeks or a month after that you received an order to make 100
pairs of 6's, 200 pairs of 7's, 200 pairs of 8's, and 100 pairs of 9's, and the
widths were given, you could go on with the order from that detail, couldn't
you? A. We could go on with the order, because we had Mr. Melville's lot
number, lot 101. We had the style of the shoe in our firm.
"Q. So all you needed then was the size, the number of sizes and the width,
was it, to complete? A. You had to have your sizes and width.
"Q. And that was true of all the stock numbers here, was it not, on these
exhibits? A. As regards the stock numbers on these exhibits, I in my business
never even looked at them, because I was only figuring on the stock. They
didn't mean anything to me.
"Q. With stock No. 101 and 102, you knew what that was. A. I knew the
style of the shoe.
"Q. And all you needed to make up was the number of sizes and the width?
A. Yes; and the order to make it."
The stock number 'n the blanket order described, the shoe, the style,
and trim, and height of heel. Unless these "blanket orders" were in
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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/m1/75/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.