Winborne Guano Co. v. Plymouth Mercantile Co.

This action was brought by plaintiff to recover damages for breach of contract in refusing to .take certain‘fertilizers which had been sold to defendant. -The latter agreed with plaintiff, on 5 January, 1913, to buy from him “100 bags or more” of different kinds of fertilizers, named in the contract, at prices therein fixed, to be delivered “f. o. b. cars at Norfolk, Ya., freight to be added. Payable 1 May, 1913, to be covered by note or cash within thirty days from time of shipment,” and to be shipped, as wanted, to 1 May, 1913, upon signed orders from defendant. According to the terms of…