Globe Elevator Co. v. American Molasses Co.

Hubbs, P. J.:

On August 8,1919, the parties to this action entered into a written contract in and by which the defendant sold to the plaintiff forty *11cars of black strap molasses at eight cents a gallon in bulk, F. O. B. New York, shipments to be made per plaintiff’s instructions in tank cars to be furnished by the defendant without charge, terms net cash ten days from date of invoice, all to be shipped by May 1, 1920. From time to time prior to May first the plaintiff requested shipments on the contract but the defendant failed to ship and, on April twenty-ninth, the contract was extended to…