On appeal from the Supreme Court (Bergen county).
For the appellant, George W. C. McCarter.
For the respondent, Gross & Gross (Joel Gross, of counsel).
The opinion of the court was delivered by
TRENCHARD, J. This appeal is by the defendant below from a judgment for the plaintiff in the Supreme Court entered on a verdict at the Bergen Circuit.
Plaintiff was engaged in the business of buying and selling machinery for the rubber trade. The Ford Motor Company, the defendant, had in its possession and available for sale, several of such machines, and offered and exhibited them for sale to the plaintiff. As will appear such negotiations resulted in a sale to the plaintiff by the defendant of several of the machines. That sale was confirmed by letter of January 28th, 1930, written by the defendant to the plaintiff. That letter is as follows:
"Ford Motor Company 3674 Schaefer Road Dearborn, Mich. January 28th, 1930.
L. Albert & Son Trenton New Jersey
In Replying Refer to 1-2 C. S. Lennie
Confirming negotiations with reference to the sale to you of certain rubber equipment located at our Highland Park and St. Paul Plants, we are confirming below the equipment and prices at which we will dispose of it to you.
(Here follows an enumeration of the machines sold and prices.)
The (2) 84" Vaughn Mills are located at our St. Paul, Minn. plant, and the remainder at our Highland Park Plant. It is understood that all of the above are sold to you 'as is, where is' f.o.b. Highland Park and St. Paul. It will be ...