Swift & Co. v. Goldberg

The opinion of the Court was delivered by

Mr. Justice Marion.

By the terms of a contract, dated February 6, 1920, the plaintiff agreed to sell to defendants, approximately 500' bales of linters at 2 cents per pound, f. o. b. Columbia warehouse, to be shipped “from date to April 15th, or as soon thereafter as purchasers can take same.” It is not denied that the time for delivering the linters was extended beyond April 15th, nor that defendants failed and refused to take 234 bales of the linters .contracted for. From judgment for plaintiff in the sum of $1,755 defendants appeal upon exception…