AKTIENGESELLSCHAFT DER HARLANDER BUAMWOLLSPINNERIE UND ZWIRN-FABRIK v. Lawrence Walker Cotton Co.

LUJAN, Justice.

This is an appeal from a summary judgment entered in favor of plaintiff and defendant appeals.

The record discloses that on May 12, 1949, defendant entered into a written contract with the plaintiff, by the terms of which it was agreed that defendant would ship to plaintiff at Trieste, Italy (Free Territory), 440 bales of good middling cotton, with reimbursement by sight draft on New York bank under E.C.A. terms, and weight settlement on Edward T. Robertson’s (controller for the defendant), sworn landed weights.

By its answer the defendant admitted the allegations of paragraphs…