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LAMBORN v. WM. M. HARDIE CO.

No. 3927.

1 F.2d 679 (1924)

LAMBORN et al. v. WM. M. HARDIE CO.

Circuit Court of Appeals, Sixth Circuit.

October 8, 1924.

Attorney(s) appearing for the Case

Clan Crawford, of Cleveland, Ohio, and Louis O. Van Doren, of New York City (Van Doren, Conklin & McNevin, of New York City, Squire, Sanders & Dempsey, of Cleveland, Ohio, and Alfred C. B. McNevin, of New York City, on the brief), for plaintiffs in error.

Frank X. Cull, of Cleveland, Ohio (Bulkley, Hauxhurst, Jamison & Sharp, of Cleveland, Ohio, Samuel Williston, of Cambridge, Mass., and Chamberlin, Kafer & Wilds, of New York City, H. Austin Hauxhurst and J. Hall Kellogg, both of Cleveland, Ohio, and Lester Kafer, of New York City, on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge.

Plaintiffs below, plaintiffs in error here, were sugar brokers. Defendant was a large consumer. In the summer of 1920, plaintiffs sold to defendant 5,000 bags of Java sugar, at a stated price, deliverable f. o. b. cars Philadelphia. The contract did not fix the time of delivery, except as it provided that the sugar should be shipped during August or September by steamer from Java. A further provision was:

"Names of such steamer or steamers...

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