Heiskell v. Furness, Withy & Co.

(after stating the facts as above). The main purpose of this action was to recover special damages for the loss of Brode’s sale of peanut meal in England; and much time has been devoted to showing that such damage was recoverable.

*978But that question is not reached until plaintiff has shown a bx*each of contract on defendant’s part giving rise to any damage claim at all.

The written contract between these parties (kixpra) was at “owner’s risk of delay.” We notice this phrase because it was incidentally, considered upon a motion in the District Court on. the’ pleadings herein. The opinion on that…