Lamborn v. Miller

Hirt, J.,

This is an action brought by plaintiff to recover damages resulting from defendants’ refusal to accept a shipment of sugar. The contract relied upon by plaintiff is in writing, signed by plaintiff and accepted by defendants, the material portions of which are the following:

“To Jacob Haller, Erie, Pa.

“June 24th, 1920.

“We have this day sold to you for account of ourselves 60 Tons (of 2240 lbs. each) Ten percent more or less Argentine Granulated, grade “A” Sugars At Twenty-four and one-half (24 1-2) Cents per pound duty paid, less 2% f. o. b. cars, New York, landed weights Afloat at…