Spotless Co. v. Commercial Trust Co.

The plaintiff is suing for damages for failure bn the part of the defendant to deliver some 73 tons of barbed wire purchased by the plaintiff under a written contract between the parties. The defendant had loaned moneys to one Heineman, taking as collateral security some 1,500 tons of salvaged barbed wire which was in storage at the Government War Reservation at Columbus, O. The loan was not paid and the defendant offered the wire for sale in order to satisfy its lien. The plaintiff had first purchased 500 tons of the wire, which were delivered and paid for, and then entered into the…