Columbus Bagging & Tie Co. v. Steel Union Co.

The 5th headnote only will be elaborated. The Columbus Bagging & Tie Company sued the Steel Union Company for the alleged breach' of a written contract for the purchase of cotton ties by the plaintiff from the defendant. The petition alleges that the defendant breached the contract of sale by delivering ties to the buyer at Savannah, Georgia, that were not reasonably suited for the purpose intended, in that the ties were rusty when the ship conveying them arrived at Savannah on June 26, 1929, and before the buyer obtained title to the ties. The contract contained *128the following condition: “The…