United States v. Kellogg Co.

ORDER

Mollison, Judge:

On September 10, 1945, the defendant herein entered into a contract with the firm of Parrish & Heimbecker, Ltd., of Toronto, Ontario, Canada®, involving the sale by the latter to the former of 30 tons of ground refuse screenings. The sale price was $20 per ton, United States currency, on an f. o. b. Omaha, Nebr., duty and all other charges paid, basis. Shipment under the contract was made November 26, 1945, from Port Arthur, Ont., and the consular and commercial invoices express the foregoing price and terms.

The screenings were entered at the port of Omaha at the invoice…