London Produce Co. v. Poels & Brewster, Inc.

Churchill, J.:

The action is by an assignee of the seller of certain tallow against the buyer for refusal to accept. I directed a verdict for plaintiff and reserved decision on defendant’s motion for a new trial.

The tallow was to be shipped from Australia and by the terms of the contract shipment was required to be made during January or February, 1920. The goods arrived in New York in May, 1920, by rail from the Pacific coast. The shipping documents were tendered to the defendant, as required by the contract, but acceptance was refused on the ground that the shipment from Australia had not…