Smith-Scharff Paper Company v. P.N. Hirsch & Co. Stores, Inc.

754 S.W.2d 928 (1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Smith (P) distributed paper products. P began selling paper products to Hirsch (D) in 1947, and their business relationship was nearly continuous until 1983. P kept a supply of bags used by D in its warehouse so that when a purchase order was received, it could delivery immediately from inventory. D was liquidated and when P discovered this asked for assurance that the bags in stock would be bought. D stated it would honor all commitments. P then sent D a bill for $65,000 and between October 1983 and May 1984, D purchased $45,000 worth. D refused to take the rest and P sued D. The jury found for P for $27,000. D appealed.