Duluth Superior Milling Co. v. Binenstock

Opinion by

Gawthrop, J.,

On July 28,1930, in the City of Philadelphia, Duluth-Superior Milling Company entered into a written contract with defendant, whereby defendant agreed to purchase from plaintiff, and plaintiff agreed to sell defendant, two hundred and ten barrels of flour at a certain price per barrel, “F. O. B. ’Warehouse.” The contract named Philadelphia, Pennsylvania, as the “destination,” “allowed” freight to that point, and provided: “Time of shipment within thirty days;” and “terms of payment as used, draft with shipper’s order bill of lading attached.” It was drawn on a printed…