Hettrick Mfg. Co. v. James A. Shepherd & Co.

KNAPPEN, Circuit Judge.

Defendant in error (hereinafter called plaintiff) is a corporation organized under the laws of Great Britain and doing business at Glasgow, Scotland. Plaintiff in error (hereinafter called defendant) is an Ohio corporation, doing business at Toledo in that state. It is undisputed that on or about July 23, 1915, defendant’s predecessor, a manufacturer of cotton duck, to whose obligations defendant has succeeded, contracted with plaintiff, which had ,a. contract with the British government for wagon covers, for the sale and delivery to plaintiff of 83,500 yards of 38-inch…