Washburn Crosby Co. v. Riccobono

This is a suit for damages for breach of contract, coupled with a prayer to have a certain sale of property by defendant declared a simulation, or at least a fraudulent conveyance.

I

On September 24, 1920, defendant bought of plaintiff 1,000 barrels of flour, “guaranteed as per sample submitted,” for delivery at “buyer’s option” on or before March 13, 1921.

Defendant refused to call for or receive the' flour, and plaintiff sues to recover the difference between the purchase price ($11.25 per barrel) and the market price on March 31,. 1921 ($8.45 per barrel) amounting to $2.80 per barrel, of…