Berwick & Smith Co. v. Salem Press, Inc.

331 Mass. 196, 117 N.E.2d 825 (1954)

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Nature of the Case

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Facts

P was a corporation engaged in the printing of books. D proposed to publish a two-volume work with P. P concedes that this was an estimate for 5,000 and 10,000 sets. The price quoted was 5000 copies at .561 and 10,000 copies at .538. D’s agent authorized the printing the two volume set and delivered them, and the bill to D. D claims that the bill was incorrect and that the price quoted was for the volume set and not each individual book in the volume. P concedes that his quote was for the volume set but that the custom and usage in the industry interprets its bid as on a per volume basis. The verdict went to P and D appealed.