C. C. Mengel & Bro. Co. v. Handy Chocolate Co.

ANDERSON, Circuit Judge.

This is an action for breach of contract. The plaintiff was the seller and the defendant the buyer of 50 tons- of cocoa beans. The case was submitted to the District Court without a jury, and, without opinion or special findings of fact, that court entered judgment for the defendant.

The controlling facts are undisputed. The contract was in writing, as follows:

“Cocoa Contract to Arrive.

“New York, July 7, 1920.

“Sold for Account of C. C. Mengel é Bro. Co. to the W. H. Miner Chocolate Co.

Springfield, Mass.

“Quantity: Fifty (50) tons (5% more or less).

“Description: Usual…