McCabe v. Cruikshank

WHEELER, District Judge.

The complaint is on a contract by which the plaintiff was to furnish machinery to the defendant for sea shipment, who was to give shipping instructions upon notice that the machinery was ready, and to pay therefor in cash against the shipping receipt. It alleges notification of readiness to deliver, and refusal to give shipping instructions, and to receive the machinery, or pay. - One defense set up is that the machinery was for an inhabitant of Johannesburg, in South Africa, to whom it was to be shipped, and of whom the defendant was an agent, to the knowledge of the…