Atlanta Oil & Fertilizer Co. v. Phosphate Mining Co.

1. This action was brought by a corporation engaged in mining phosphate-rock, against another corporation engaged in manufacturing fertilizer, to recover damages for an alleged failure to receive and pay for certain rock as provided in a written contract. The contract was signed by both corporations and stipulated for delivery, “f. o. b. mines,” of stated quantities of rock in approximately equal monthly quantities during each year for a stated series of years, at a specified price per ton. The contract also contained provisions as follows: “While this contract is in form an absolute sale for…