Finberg Trading Company, a Partnership Composed of George A. Finberg and Francis A. Finberg v. The Republic of China

HOLMES, Circuit Judge.

The appellant contracted in writing to sell to the appellee 3800 bales of cotton, and to deliver same on board a ship, consigned to appellee in Formosa. Only 3000 bales were actually delivered, and this suit was instituted by appellee against appellant to recover the difference between the contract price and the price of cotton purchased in the open market to replace the cotton not delivered. In May, 1953, the appellee learned that the shipments which had arrived at Formosa were eight hundred bales short. No notice having been received from appellant that it was not…