Allen V. Smith, Inc. v. Philadelphia Brewing Co.

KALODNER, District Judge.

This is a civil action for the recovery of $6,855 brought by the plaintiff, a New York corporation, against the defendant, a Pennsylvania corporation. The complaint avers:

“Par. 2. Under the terms of a written contract between the parties dated June 25, 1943, plaintiff sold and defendant bought 3,000 one hundred pound bags of Victory Barley Grits at $4.98 per cwt. F.O.B, mill, Marcellus Falls, New York, for shipment during the months of July, August and September, 1943, in accordance with defendant’s shipping instructions.”

And

“Par. 3. Although plaintiff was ready, able…