Truscon Steel Co. v. Fuhrmann & Schmidt Brewing Co.

Opinion by

Mr. Justice Stern,

Plaintiff and defendant entered into two contracts; the first, dated August 16, 1933, was an agreement on the part of plaintiff to sell, and of defendant to buy, “100 Truscon President one-half kegs size beer barrels.” The second, dated September 7, 1933, was a similar agreement for 1,000 “President beer kegs — % barrel size.” The hundred barrels under the first contract were shipped on September 7 and received on September 12; 497 barrels under the second contract were shipped on September 12 and received on September 16; 2 more were shipped on September 29. The…