George Carocopos, Inc. v. James Chieves & Co.

Merrell, J.:

The actions were brought to recover- damages claimed to have been sustained by the plaintiff because of defendant’s refusal to accept 400 cases of Calamata Greek string figs, of about 130 pounds to the case, 1920 crop, contracted for by defendant at eleven and one-half cents per pound, c. i. f. New York, shipped in September, 1920, from Greece. The figs were sold by the plaintiff to the defendant under two separate written contracts substantially identical in form, one of which was dated August 17, 1920, and the other August 25, 1920. The actions were tried together and the…