Alabama Chemical Co. v. International Agricultural Corporation

BRYAN, Circuit Judge.

By a contract dated January 21, 1922, appellee agreed to sell, and appellant agreed to buy, 24,000 tons of Florida land pebble phosphate rock, at a price of $4.75 per ton f. o. b. appellee’s mines, based on its containing 68 per cent, bone phosphate of lime. The price was to be increased at a stated rate “for any official analysis in excess of 68% B. P. L.” (bone phosphate of lime), and correspondingly reduced “if below 68%, down to and including 66% absolute minimum B. P. L. * * * Seller however not to charge for any excess B. P. L. above 70%.” Deliveries were to be…