J. A. Kirsch & Co. v. Benyunes

The complaint herein alleges that the plaintiff and the defendant on the 27th day of November, 1916, entered into a written contract, a copy of which is annexed to the complaint.

The material parts of the said contract are as follows : “ Sold to Messrs. J. A. Kirsch & Co., Inc., New York. For account of Mr. J. D. A. Benyunes, New York. Quantity (about) Twenty-eight hundred (2,800) baskets of about 110 net each, crop 1916, good quality Spanish chestnuts at seven cents (7c) per pound net, ex dock New York. Shipment. Reported by cable to be afloat per SS. ‘ Elef K. Venezelos,’ scheduled to be due…