Empire Box Corp. v. Jefferson Island Salt Mining Co.

Harrington, Chancellor,

delivering the opinion of the Court:

In the court below, Jefferson Island Salt Mining Company declared on a contract made March 11, 1940, whereby Empire Box Corporation, the defendant in that court, agreed to deliver 4,429,476 hexagon salt cartons, of a certain kind, and conformable to sample, to the plaintiff, at Jefferson Island, Louisiana, as ordered, but before September 1, 1940, at $4.60 per thousand. Jefferson Island alleged the defendant’s refusal to deliver the cartons, and the resulting damages. In overruling a demurrer to the plaintiff’s declaration in that…