Iwai & Co. v. Hercules Powder Co.

But one ship per month sailed from the port of New Orleans to the port in Japan to which the buyer intended to ship this rosin. This ship was not owned or controlled by the buyer, and this was known to the seller. Fairly construed, the contracts of purchase contemplated that the buyer would notify the seller of the booking made by it with this ship for the transportation of this merchandise from New Orleans to Japan, _ and ordinarily this was a condition precedent with which the buyer had to comply before the seller would be required to deliver the goods. Ordinarily, failure to comply with…