Mente & Co. v. Judice Co.

This is a suit on a contract in which the plaintiff agreed to sell and the defendant agreed to buy 50,000 rice bags, of a stipulated size and weight, at $210 per 1,000 bags. The suit was dismissed on an exception of no cause of action, and the plaintiff has appealed.

The contract, dated the 8th of March, 1920, and annexed to and made part of the petition, stipulated^that the bags were to.be shipped in August and September, 1920; that shipments were to be made in approximately equal quantities monthly; that the seller had the privilege of routing all shipments; and that the seller’s…