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CITY ELECTRICAL SERVICE & EQUIP. CO. v. ESTEY ORGAN CO.

No. 1186.

77 A.2d 835 (1951)

CITY ELECTRICAL SERVICE & EQUIPMENT CO. v. ESTEY ORGAN CO.

Supreme Court of Vermont. Windham.

January 2, 1951.

Attorney(s) appearing for the Case

Edward J. Shea, Brattleboro, for plaintiff.

F. J. Nash, Ralph Chapman, Brattleboro, for defendant.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and BLACKMER, JJ.

BLACKMER, Justice.

The plaintiff's declaration in contract alleges that on September 25, 1946, the defendant placed with it a written order for approximately 1144 capacitors in five sizes to be shipped immediately by truck express; that on October 2, 1946, the plaintiff shipped 668 capacitors in three sizes by railway express; that these capacitors were tendered to the defendant at its place of business, but that the defendant has neither accepted delivery nor paid...

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