McCarthy v. Krebs Pigment & Chemical Co.

McAvoy, J.:

The contract in suit here is for the sale and delivery during 1920, in carload lots, of from 600 to 1,200 tons of zinc ashes or skimmings, containing at least seventy-three per cent zinc contents and upwards of such percentage. The term of the contract is from January 1 to December 31, 1920. The clause disputed *502relates to the price, and states that material containing various percentages from seventy-three per cent to eighty per cent and over is to be paid in percentages mentioned, of the average St. Louis spelter quotation during the month of shipment, as quoted in the American…