Weiss v. Weiner

CHESNUT, District Judge.

The jurisdiction of the court in this case was based upon diversity of citizenship. The suit was to recover damages for alleged breach of a written contract in which the defendant as vendor agreed to sell to the plaintiff as vendee a certain quantity of “sheet steel- — as is — not bundled”, etc., as more specifically described in the contract in evidence and in the charge to the jury. The railroad car containing the steel was delivered in New York to the plaintiff after he had paid a sight draft for the full amount of the purchase price. After inspection the plaintiff…