Wilson & Toomer Fertilizer Co. v. American Cyanamid Co.

BRYAN, Circuit Judge.

Appellant sued appellee upon a written contract for the purchase and sale of pebble phosphate. The contract was between appellant as purchaser and the Amalgamated Phosphate Company as seller, and called for the annual delivery of twelve to eighteen thousand tons, at purchaser’s option, for ten years, beginning January 1, 1913; it provided that shipments should be billed during the first five years at $2.70 per ton, and thereafter at $2.80 per ton f. o. b. seller’s mines, but that the purchaser should have the benefit of the seller’s lowest selling price to any other party…