United States Shipping Board Emergency Fleet Corp. v. Tabas

DAVIS, Circuit Judge.

Abraham Tabas, Morris Tabas, and Samuel Tabas, copartners trading as the Northern Metals Company, entered into a contract with the United States Shipping Board Emergency Fleet Corporation, defendant, to purchase from it “all underground cable used for the supply of light and power from main substation to the wet basins and to the various ways’ substations, approximately 125 net tons,” located at Hog Island, Pa. The material was purchased “as is, where is,” for “$75.60 per net ton.”

When the contract was signed, the plaintiffs paid to defendant $945 in cash, and delivered…