Kennedy v. Russell

This is an action to recover for the alleged breach of a written contract entered into by the parties by which the plaintiff agreed to sell to the defendant and the defendant agreed to purchase ten thousand boxes of fresh frozen blueberries, each box to contain thirty pounds of dry frozen blueberries. The contract contained the follow*512ing recitals: "Goodenough & Russell reserve the right to cancel this contract in event of thirty five per cent (35%) duty affecting materially the sale of said berries, but does not claim any deviation from contract at present rate of duty of one and one quarter…