Farwell v. American Sugar Refining Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Suit by Milliken & Farwell against the American Sugar Refining Company. Judgment for defendant rejecting plaintiffs’ demand, and plaintiffs appeal.
1Opinion of the CourtO’Niell, J.
The plaintiff contracted to sell and deliver to the defendant 36,000 bags of centrifugal first sugar, 96 test, at 3 g/ig cents per pound. Delivery was to be made at the defendant’s Chalmette Refinery or at the Southern Pacific Company’s Algiers or Gretna docks, “all sugar to be sampled, weighed and tested, according to the usual custom, upon arrival.”
Delivery “at the Chalmette Refinery” was understood and interpreted by both parties to mean that the sugar should be delivered on the wharf in front of the refinery, or on board a ship if one was there ready to receive the sugar when a boat load…
2Cases cited2 opinions
- Larue v. RugelySupreme Court of Louisiana · 1855
- Fearn v. MaltbySupreme Court of Louisiana · 1854
3Cited by3 opinions
- Kohler v. Huth Const. Co.Supreme Court of Louisiana · 1929
- Martin v. T. L. James & Co.Supreme Court of Louisiana · 1959
- Martin v. T. L. James & Co.Supreme Court of Louisiana · 1959