Armour & Co. v. Sherburne

The court is of the opinion that, under the contract of April 16, 1920,1 the Sherburne Company could furnish white Java sugar, packed in bags of about two cwt., etc., shipped from Java in the month of July, 1920, without regard to whether it bought the sugar under the Czarnikow-Rionda Company contract of March 31, 1920, or as later modified, whether it itself caused the sugar to be shipped from Java; that there was evidence from which the jury could properly find that Armour & Co. exercised its option to take the *83sugar at 20.36 cents per pound, duty paid; that, although the Karimoen, the…