Universal Steel Export Co. v. N. & G. Taylor Co.

Smith, J. (dissenting in part):

The statement of facts is substantially as set out in the opinion of the-presiding justice.

The contract between the plaintiff and the defendant for the *31125.000 boxes of tin plate was dated September 3, 1919, and called for shipment in from eight to ten weeks. This would make the date of shipment between October 29 and November 12, 1919. In its complaint the plaintiff alleges that this contract was to be completed by delivery f. o. b. cars on or about the 31st day of December, 1919, not “ on or before.” The plaintiff proved that it requested delivery under this…