Baugh Chemical Co. v. Davison Chemical Co.

DUFFY, .L—

The contract in issue in this case was executed April 28th, 1913; it called for the sale and delivery of from 30 to 50 thousand tons of sulphuric acid a year for five years ending- December 31st, 1917. The quality is stated to be “Chamber Acid” 50° to 54° Baume. Baume is the name of a hydrometer. The buyer called at the proper time for the delivery of the maximum amount for each ensuing year and all went well until the general dislocation of commerce by the war. Up to August 1st, last, the seller was in default in monthly deliveries due, it is said, to accidents, etc., but these…