Kreglinger & Fernau Ltd. v. Charles J. Webb Sons Co.

KIRKPATRICK, Chief Judge.

This case, tried to the Court without a jury, is an action for damages by a New Zealand seller against a Philadelphia buyer, arising out of the latter’s refusal to accept and pay for 100 bales of wool, the subject of a contract of sale. The defense is the failure of the seller to deliver the wool on board ship in New Zealand within 30 days. The issue is whether the contract of sale which called for “prompt” shipment means shipment within 30 days and, if not, whether the delivery was “prompt”, as that term applied to New Zealand wool shipments at the time.

The parties'…