Sheffield Steel & Iron Co. v. Jos. Joseph & Bros.

Defendant appeals from a judgment against it for $5,300 obtained after a trial before a jury. Plaintiff’s claim is for damages for the nondelivery of approximately 900 tons of steel billets purchased by the plaintiff from the defendant in 1919, and for freight paid by plaintiff on four cars of such steel which were rejected because the material shipped therein was not according to the contract.

It appears from the evidence that defendant made a bid on a quantity of steel billets owned by the Government, and on August 7,1919, before its bid was accepted, took from the plaintiff a written option…