R. D. Wood Company v. Phoenix Steel Corporation

I dissent from the decision of the court. That the decision and my position be clear, it is necessary to identify the parties and recite the facts and the course of the litigation:

Chester Blast Furnace, Inc., now the appellant, Phoenix Steel Corporation, contracted to sell certain pig iron to Florence Pipe Foundry and Machine Company, now the appellee, R. D. Wood Company, to be delivered F.O.B. Chester, Pennsylvania. Florence then entered into a charter party with S. C. Loveland Co., Inc. for the transport of this pig iron on the barge Fell Loveland. On March 11, 1955, after Chester completed…