American Chain Co. v. Interstate Iron & Steel Co.

BAKER, Circuit Judge.

Plaintiff in error, defendant below, was buyer in a contract of sale made with defendant in error as seller. The subject-matter was 4,800 tons of round iron bars of from 1 to 3 inches in diameter and of such “standard sizes, shapes, and sections as are within seller’s regular range of practice.” The contract was signed on October 24, 1918, and provided for monthly deliveries on buyer’s specifications from January 1 to July 1, 1919. None of the terms seems unusual, unless it is the provision that “this is an irrevocable contract and is not subject to cancellation,…