Wessel v. Seminole Phosphate Co.

(after stating the facts as above). The plaintiffs contend that the District Judge erred in holding that their action in failing to ship the nitrate when requested upon 30 days’ terms amounted to a cancellation of the contract. Defendant contends that this holding was correct, as the ex-elusive remedy of the plaintiffs, upon refusal of defendant to pay in advance or furnish satisfaetory security, was to cancel the contract, As additional grounds for sustaining the judgment of the court, the defendant contends that the contract sued on was void for lack of mutuality and that there was no…