KIRKPATRICK, District Judge.
Defendant, a contractor manufacturing mobile repair shops for the Government, ordered from the plaintiff, a jobber, drills of various sizes and types at different times between March 14 and April 9, 1943. In placing these orders an employee of the defendant would call the plaintiff on the telephone and tell him what drills were required. The plaintiff would then ship the same if he had them in stock or, if not, take steps to procure them...
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