American Tin-Plate Co. v. Trotter

J. B. McPHEBSON, District Judge.

The facts in this case, which are not in dispute, are as follows: In January, 1897, the parties to the suit entered into a contract that contained, inter alia, these provisions :

“The American Tin-Plate Co., of Elwood, Indiana, agrees to sell, and Nathan Trotter & Co., of Philadelphia, Pennsylvania, agrees to buy:

“Description of Goods: ‘Kanner’ brand tin plates.

“Quantity: 5,000 boxes, surface 14x20, 112 sheets. * * *

“Sizes: Buyers to have privilege of specifying any of the following sizes [naming eighteen sizes from 10x14 to 20x28]. t

“Place of Delivery: Car lots…