American Mfg. Co. v. United States Shipping Board Emergency Fleet Corp.

HAND, Circuit Judge.

This was an ac-_ tion at law upon a contract for the sale of about 800 tons of steel framing, anchor bolts, and reinforcing rods at $60 a ton, and for certain steel sash at a gross sum of $3,200. The contract was made by correspondence and specified no date for delivery, but the plaintiff, who was the buyer, had made known its immediate use for the articles sold. The contract was concluded on December 1, 1919, and the plaintiff paid the full purchase price at once. The defendant was remiss in making delivery; the location of the steel being in fact unknown, although the…