Malcomson v. Wappoo Mills

SIMONTON, Circuit Judge.

This case comes up upon the intervention of Mitsui & Co., claiming damages as against the Farmers! Mining Company for nonfulfillment of contract. On 14th October, 1897, the Farmers’ Mining Company agreed to sell to Mitsui & Co., who on the same day agreed to buy, about 2,000 tons dried Coosaw river phosphate rock, for shipment in December, 1897, or January, 1898, at $2.40 per long ton. Mitsui & Co. chartered a vessel to receive this rock. On the 18th day of October, 1897, the Farmers’ Mining Company was, by an order of this court, placed in the hands of a receiver, and…