CONTRACTS, § 63 — shipping of goods pursuant to order specifying price for goods as acceptance of terms of order. Where defendant placed orders on basis of 52 per cent discount, after which plaintiff informed defendant that items ordered carried only 50 per cent discount, and defendant then wrote to plaintiff stating that if it did not wish to fill orders at discount of 52 per cent it should consider letter as cancellation of all unshipped items and asked acknowledgment of cancellation of same, shipment of goods by plaintiff after receipt of such advice constituted acceptance of orders as given, since defendant's letter did not constitute cancellation of contrct and necessary affirmative action required for cancellation was not taken by plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE DOVE.
Not to be published in full. Opinion filed March 5, 1947; released for publication March 24, 1947.