Explosive Chemical Co. v. William S. Gray & Co.

Genung, J.:

The facts are as follows: On or about the 12th day of February, 1924, plaintiff entered into a written contract with the United States to supply it with 20,000 pounds of acetone at $.20344 per pound (a total of $4,068.80) to be delivered at the Navy Yard, Brooklyn, New York; delivery to be made in fifty-gallon drums, the price of which was to be included in the cost of the material, and the drums to remain the property of the United States, but if the drums were returned in twelve months by the United States, then the seller was to refund to the United States $12 for each drum sa…