Eugster & Co. v. Joseph West & Co.

The opinion of the Court was delivered by

Manning, J.

Eugster & Co. bought 50,000 bushels of corn on December 14, 1878, from the defendants who contracted to ship it from the Ohio river within twenty days from the date of purchase, and to deliver at New Orleans alongside ship. Plaintiffs bought the corn for shipment to Europe, and had ..chartered the steamship Minnie Irwin in Europe to carry the cargo. The defendants failed to ship the corn from the Ohio river within twenty days from the date of the contract. It was not shipped until the latter part of January, 1879, and not delivered to the…