Sussman Bros. v. Meier

Opinion by

Linn, J.,

The buyers sued for alleged breach of the following contract:

“July 15th, 1918.

“Sold to Messrs. Sussman Bros. 22nd and South Sts., Two hundred cases eggs, (200) at Forty-five ($.45) cents per dozen. F. O. B. Philadelphia, candled and delivered up to December 31st, 1918. Storage and insurance paid. The above to be No. #1. Messrs. Sussman Bros, agree to pay a deposit of One Dollar ($1.00) per case on same. Charles J. Meier. Sussman Bros.”

They averred that only 20 of the 200 cases were delivered and sought recovery (1) for the loss sustained by nondelivery of 180 eases, each…