Suessel v. J. Early Wood & Co.

This is an action by the buyers against the seller to recover damages for breach of a contract to ship and deliver 40,000 pounds of caustic soda. The defendant has interposed a counterclaim based upon the alleged failure of the buyers to accept delivery.

The relevant facts are as follows: On January 13, 1942, in the morning, at New York city, plaintiffs entered into an agreement in writing with defendant whereby plaintiffs bought from the defendant one carload of caustic soda, 40,000 pounds, at a stipulated price f. o. b. San Francisco, California, to be shipped to Banco Nacional De Mexico,…