Silberberg v. Kalil & Mickal

Defendants, a commercial copartnership, doing business in the city of New Orleans, ordered from plaintiff, a manufacturer of the city of New York, a certain lot of merchandise, included in which were 50 dozen “Jap” silk shirts at an agreed price t of $57.50 a dozen, f. o. b. New York. The merchandise was duly shipped to, and received by, the defendants. The shirts were not paid for, and plaintiff instituted the present suit to recover $2,875, the agreed price thereof, together with legal interest from March 26, 1920, the date of shipment. The defense, as set up in the answer, was lack, of…