Kockos v. C. Itoh & Co.

RUDKIN, Circuit Judge.

The plaintiff and the-defendants in the court below, entered into a written contract whereby the plaintiff agreed to sell and the defendants agreed to buy 100 tons of Chinese shelled peanuts, 40 count average, at 12 cents per pound. It was stipulated in the contract that the Seattle Chamber of Commerce certificate of inspection should be final as to crop, count, quality, and condition. The seller tendered 2,000 sacks of peanuts in fulfillment of this contract, the certificates of inspection showing that one lot of 400 sacks was 38-40 count and the remaining lot of 1,600…