McEvoy v. M. Samuels & Sons., Inc.

Opinion by

Mr. Justice Walling,

On February 21, 1922, the United States Shipping Board sold DeNeal Samuel one hundred and five thousand net tons of fabricated and partially assembled steel, located at Hog Island, Philadelphia; the contract for which he assigned one week later to the defendant, *372M. Samuel & Sons, Inc. The steel was in separate piles called “lots,” and, on March 22, 1922, the defendant entered into a written contract for the sale of lot No. 6 to John C. McEvoy, the plaintiff. The last named contract describes that lot as consisting of approximately 8,928.6 gross tons of built-up…