Early & Daniel Co. v. C. S. Evans & Co.

Opinion of the Court by

Judge Clay

Reversing.

On October 24, 1915, the Early & Daniel Company of Cincinnati, Ohio, purchased of C. S. Evans & Company of Nicholasville, Ky., 8,000 bushels of No. 2 red 'winter wheat at $1.59 per bushel f. o. b. Nicholasville Ky., for shipment to Newport News, Va., “subject to Newport News weights and inspection.” On May 4th or 5th C. S. Evans & Company shipped eight carloads of wheat to Newport NeWs. Bills of lading* with drafts attached were sent to the Early & Daniel Company and the drafts paid. Upon the arrival of the cars in Newport News, four were accepted…