Smith v. Import Drug Co.

' This is an action for breach of a contract to sell and deliver naphthaline flakes. The declaration was in three counts. The first count may be dismissed without discussion,- as the trial judge ruled that there could be ho recovery upon it. The second and third counts alléged that on or about. February 24, 1920, the defendant agreed to sell *371to the plaintiff and the plaintiff agreed to buy “one car of Prime White Naphthaline Flakes, White Tar Brand, 79 melting point, at 7cents per pound, F.O.B. New York, net ten days, for delivery in March 1920, said car to contain between 150-200 barrels”;…