Ten Broeck Tyre Co. v. Rubber Trading Co.

Opinion of the Court by

William Rogers Clay, Commissioner —

Affirming on appeal of Rubber Trading Company and reversing on appeal of Ten Broeck Tyre Company.

*528By contract dated February 24, 1916, the Rubber Trading Company of New York City sold, to the Ten Broeck Tyre Company of Louisville, twelve tons (2,240 pounds each) of prime ribbed smoked sheet rubber at eighty-seven and one-half cents per pound for successive deliveries in quantities of four tons each after arrival in New York during the months of April, May and June. The terms of payment were, “Sight draft against B/L.” Thereafter, the…