2. The plaintiff and the defendants entered into a written contract for the special manufacture of various colored Lustron. This contract, as evidenced by the plaintiff's acceptance of the defendants' offer, was complete on its face.
3. This contract was not subject to any condition that the defendants were to receive out-turn samples or samples prior to manufacture, that the defendants were to approve the Lustron before the contract would be binding upon them, or that split shipments were to be made.
4. There was no dispute that the defendants owed the plaintiff $ 11,351.74 for the gold, red and blue Lustron and the silver metalglass received and accepted by the defendants.
5. There was no consideration for the plaintiff's agreement to accept less than the full amount owed to them for this paper.
6. The plaintiff is entitled to recover the 2% discount ($ 226.77) which the defendants improperly deducted from the amount due the plaintiff.
7. By mutual agreement the contract for green Lustron was cancelled.
8. The defendants could not unilaterally cancel the contract for peach or dubonnet Lustron. There was no cancellation of the contract for this Lustron.
9. The plaintiff had completed manufacturing the peach and dubonnet Lustron when the defendants attempted to cancel this contract.
10. The defendants' request to cancel the contract for peach and dubonnet Lustron on February 13, 1947 was a breach of contract.
11. The plaintiff was entitled to refuse to accept this breach, and was entitled to tender delivery of the peach and dubonnet Lustron.
12. The peach and dubonnet Lustron tendered by the plaintiff complied in all respects with the peach and dubonnet Lustron ordered by the defendant.
13. The defendants had no grounds or justification for refusing to accept the delivery of the peach and dubonnet Lustron.
14. Upon refusal of the defendants to accept delivery, the plaintiff was entitled to sell within a reasonable time the peach and dubonnet Lustron on the defendants' account for the highest price obtainable in the nearest available market.
15. $ 1869.00 was the highest price obtainable in the nearest available market. Seven months was a reasonable time under the circumstances in this case.
16. The plaintiff is entitled to recover the invoice price of the peach and dubonnet Lustron ($ 45.60 plus $ 4734.80), less the amount received for this Lustron upon its sale on the defendants' account ($ 1869.00), plus the freight ($ 64.65) and storage ($ 272.94) charges incurred because of the defendants' breach.
17. The defendants are jointly and severally liable to the plaintiff for:
(a) The discount improperly
taken, $ 226.77
(b) Interest on $ 226.77 from July
12, 1947 to date 30.19
(c) The invoice price of all the
peach and dubonnet
Lustron received by the
defendants ($ 45.60 plus
$ 4734.80) $ 4780.40
Less the amount
received upon its
sale to Royal
Paper Corporation 1869.00 2911.40
(d) Interest on $ 4780.40 from
March 25, 1947 to October
7, 1947 inclusive 152.96
(e) Interest on $ 2911.40 from
October 8, 1947 to date 345.44
(f) Freight prepaid by the
plaintiff for the defendants 64.65
(g) Interest on $ 64.65 from
March 25, 1947 to date 9.80
(h) Storage charges incurred
because of the defendants'
breach of contract 272.94
(i) Interest on $ 272.94 from July
16, 1947, the average date
of payment, to date 36.13
Total $ 4,050.28
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