Guaranty Trust Co. v. Gerseta Corp.

Merrell, J.:

The defendant entered into a contract with Mogi & Co. May 12, 1919, for the purchase of thirty bales of silk at seven dollars and seven and one-half cents a pound, delivery to be five bales a week, commencing August 15, 1919; terms “ on a six months’ basis.” Mogi & Co; did not commence delivery at the time specified but did make deliveries as follows: September 4, 1919, three bales; September 20, 1919, two bales; March 30, 1920, ten bales; May 12, 1920, five bales. In the separate defenses contained in the second amended answer the defendant alleges that on November 10, 1919, Mogi…