Adolph Goldmark & Sons v. Simon Bros.

Plaintiff sold to defendant for delivery at Omaha a car-load of Madagascar Lima beans, consisting of 40,000 pounds, at 12% ceits a pound f. o. b. New York. Upon arrival of the shipment, defendant, alleging that the beans were inferior to the quality which plaintiff contracted to deliver, refused acceptance. Thereupon plaintiff, as alleged, “in order to mitigate the damages, retook possession of the car and, after1 due notice to defendant,” sold the shipment in small lots. The net receipts were $1,927.31, after deducting $573.28 for expenses which it was alleged were necessarily incident to…