Mitsubishi Goshi Kaisha v. J. Aron & Co.

(after stating the facts as above). The buyer promised to-pay only “against shipping documents,”' which were to be “f. o. b. seller’s tank cars, Pacific Coast.” This required the tender of a bill of lading acknowledging delivery to a. common carrier at some point selected by the-buyer on the Pacific Coast, in this instance Seattle. Nothing but such a bill of lading was a performance of the condition upon that promise. Filley v. Pope, 115 U. S. 213, 6 S. Ct. 19, 29 L. Ed. 372; National Bank of Commerce v. Lamborn, 2 F.(2d) 23, 36 A.L.R. 509 (C. C. A. 4).

There is no room in commercial contracts…