The action for goods sold and delivered was brought by plaintiff, an importer and supplier in the dress trade, to recover the balance claimed to be due on orders which had been placed by defendants. The purchase orders reflected the terms as 8%, payable 10 days, end of month (8/10 EOM). After a dispute arose concerning the condition and quality of the goods, plaintiff offered to accept a 25% discount on the balance, whereupon defendants tendered payment in an amount representing...
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