Cundill v. A. W. Millhauser Corp.

This action is brought under section 144 of the Personal Property Law (added by Laws of 1911, chap. 571), plaintiff seeking to recover the contract price from A. W. Millhauser Corporation, the defendant, for certain antimony sold at New York under a c. i. f. contract. The parties are merchants of New York city, and on December 31, 1925, they entered into the contract in question whereby the plaintiff agreed to sell to the defendant 25 tons of 2,240 pounds each, of Chinese antimony, c. i. f. New York, shipment promptly from Hamburg, payment net cash against shipping documents payable upon…