Southern Scrap Material Co. v. Commercial Scrap Materials Corp.

VIOSCA, Justice.

Plaintiff claims damages for breach of contract in the sum of $2,200 which he alleges is the difference between the price agreed upon in a sales contract and the market price of the goods on the due date of delivery. The suit is based on an agreement under the terms of which defendant sold to plaintiff on June 10, 1955, 200 gross tons of No. 1 and No. 2 heavy melting steel at the price of $33 and $31 per gross ton respectively, which purchase was confirmed by plaintiff’s purchase contract No. 3940 which was mailed to but not signed by defendant. Plaintiff alleges that during…