Appellate Division of the Supreme Court of the State of New York January 13, 1922 (Joannes Bros. v. Lamborn)

Page, J.:

The facts alleged in the complaint are as follows: On February 12, 1920, W: F. Childs & Co., Limited (hereinafter referred to as the Childs Company) duly agreed to sell and deliver to the plaintiff 5,000 bags of “ fine granulated sugar ” at fifteen and one-half cents per pound, free on board, at the refinery at Philadelphia, Penn., or New York, N. Y.