Harlow & Jones, Inc. v. Advance Steel Co.

In telephone conversations in late June 1974, Harlow (plaintiff) told Advance Steel (defendant) about available steel shippable in September-October, and on July 2 Advance agreed to buy 1,000 tons; Harlow that same day mailed a sales confirmation and ordered the steel from its supplier using Advance's specifications, with boilerplate language that delivery dates were approximate. Advance later sent a purchase order stating it could cancel without notice if shipment fell outside September-October, but multiple people in the steel trade testified that a September-October shipment customarily meant October-November delivery. The steel came on three vessels: two arrived in October and early November and were accepted and paid for, but the third was not shipped until November 14 and arrived November 27, and Advance rejected it as "late delivery," forcing Harlow to resell it at a loss. Harlow sued for breach of contract.