Hartmann-Schneider Co. v. Farish Co.

DAVIS, Circuit Judge.

On January 17, 1920, the Hartmann-Schneider Company ordered from the Farish Company 25 bales of cloth material called white balk indigo* denims, used for overalls. The order was accepted by the Farish Company on January 21, 1920. The seller under the contract had the “privilege of shipping up to 30 per cent, in seconds.” The material was to be shipped in about equal weekly deliveries from April to September 2, 1920, inclusive. One bale was shipped on April 1st and from then until July 8th 14 bale® altogether had been shipped. Of these 10 wore marked firsts and 4 seconds.…