Porter v. Michigan Elevator Exchange

In August, 1932, plaintiff, a produce dealer residing at Caywood, New York, contracted with defendant Michigan corporation, for the purchase of two lots of beans; one lot of 800 100-pound bags “Choice Ií. P. Mich. Pea Beans” at $2 per bag for September delivery, “F. O. B. Michigan, Alma rate to be equalized. Terms shall be draft, with bill of lading attached, payable, net cash on arrival,” and another lot of 800 100-pound bags “U. S. #1 Mich. Pea Beans,” at $2 per bag, under like delivery and terms. Not being able to take the beans at the agreed delivery time plaintiff arranged with defendant…