Pelham Oil & Fertilizer Co. v. United States

McCORD, Circuit Judge.

This suit was brought by the United States to recover a balance of $8,242.14, plus interest, alleged to be due on the contract price of peanuts sold by the Commodity Credit Corporation to Pelham Oil & Fertilizer Company in the year 1943. The peanuts were destroyed by fire while in the possession of the appellant as purchas- ■ er, and under certain provisions of the contract between the parties it is alleged that appellant, Pelham Oil & Fertilizer Company, is liable for the contract price regardless of the loss.

We consider it unnecessary to comment at length upon all the…