Percy Kent Co. v. Silberstein

This action was brought to recover damages for the alleged breach of two contracts, the terms of which are similar. Under each contract the plaintiff agreed to sell and deliver and the defendant agreed to accept and pay for 200,000 yards of sheeting to be manufactured by William Iselin & Co. The purchase price was 22 cents per yard, delivery to be made at the mill of Iselin & Co., 50,000 yards each in September, October, November and December, 1918. Each contract contained the words “ shipping instructions later.” The alleged breach of contract set forth in the first cause of action is as…