Simon v. Baltic American Feed Corporation

MOUTON, Judge.

In this case, the trial judge rendered the following opinion and decree:

“The plaintiff in this case sued for the purchase price of 750 bags ‘choice Brewers Rice,’ which plaintiff agreed to deliver f. a. s. Lake Charles, in April or May, 1931, the date of delivery to be named by the purchaser.

“A tender of the rice, and its refusal were-alleged.

“The defendant pleads in defense that the plaintiff breached the contract by tendering, rice far inferior to that agreed upon.

“On May 19, 1931, and within the time permitted defendant by the contract, it instructed plaintiff’s agent in New…