Parrott v. Allison

CLARK, Circuit Judge.

In this action plaintiff seeks damages for defendants’ failure to deliver, pursuant to contract, ten tons of powdered timbo root. Plaintiff compounds insecticides for agricultural uses with rotenone as an essential ingredient. Rotenone is obtained from roots, of which the Far Eastern product is called Derris powder, while the South American product is called Timbo or Cube powder. Defendants are engaged in importing these powders from foreign countries, and at the trial below made the defense that their contract with plaintiff was conditioned upon their receipt of the…