Kuhara Trading Co., Ltd. v. Russell Jobbers Mills

Opinion by

MAXEY, C.

The parties appear in this court as they did in the court below, and will be referred to as plaintiff and defendant.

This action is brought for the recovery of the value of 30 tons of Chinese shelled peanuts which plaintiff sold to defendant on December 1, 1919. The contract of sale, which is in writing, was for 50 tons of Chinese shelled peanuts 38-40 count per ounce, fair average quantity, of the season of 1919, to be shipped from the Orient within the months of December, 1919, January, February, and March, 1920, at $12.90 per cwt. delivered aboard cars for Pacific coast…