Comptoir Commercial D'Importation v. Zabriskie

Plaintiff, a French corporation, negotiated through Goldschmidt, a French broker, with defendants for the purchase of sugar. Prior to these specific negotiations Goldschmidt had notified the defendants: “ Sellers must produce certificate of origin stipulating that the Production Refinery does not work bounty-fed sugars. This is demanded by the Customs here and if buyers failed to produce this certificate a heavy duty would be charged * * * For all the future business it will be understood.” He further advised defendants that “ Sellers must deliver certificates of origin stipulating that the…