S. K. Adams, Inc. v. Mitsubishi Shoji Kaisha, Ltd.

Plaintiff and defendant, on or about May 29, 1941, entered into a contract for the purchase of a shipment of sesame seeds, delivery to be made during May or June, 1941, at the seller’s option, from Shanghai. The complaint alleges that the defendant failed to ship or deliver the merchandise, resulting in plaintiff’s damage in the sum of $1,499.20. The answer admits an agreement of sale but alleges that the complaint does not set forth all the terms thereof. It alleges that the agreement of May 29, 1941, contained the following clause: “ If shipment or delivery hereunder shall be delayed…