American Railway Express Co. v. Ewing Thomas Converting Co.

DAVIS, Circuit Judge.

On September 26, 1919, defendant in error entered into a contract through a broker with the Morrowebb Cotton Mills Company for the purchase of 25,000 pounds of mercerized yarn at $2 pep pound, to be shipped from Dallas, N. C., to Chester, Pa., at the rate- of 2,000 pounds weekly, beginning January, 1920. Pursuant to the contract the Morrowebb Company delivered at Dallas, N. C., on ¡March 3, 1920, to the American Railway Express Company, 16 rolls of the yarn, containing 1,489.6 pounds, to be shipped to the plaintiff at Chester, Pa. Eight days .later, -March 11, 1920, 2 of…