New York Oversea Co. v. Warfield-Pratt-Howell Co.

This is an appeal by the plaintiff from a judgment against it in an action brought to recover something over $5,0.00, damages suffered, by reason of the failure of defendant to accept and pay for twenty tons of sugar, alleged to have been purchased by said defendant from the plaintiff. The 'only question presented at the trial and upon appeal is as to whether the quantity of sugar in question was purchased by defendant under the admitted contract between the parties. This contract contained the following provisions pertinent to our inquiry: After naming the buyer and seller, and the commodity sold, it continued: “Quantity: (About) two hundred (200) tons (each 2240#).” The price was then specified and other conditions, immaterial here, after which appears the following: “It is understood that where the word ‘about’ appears in this contract, it shall mean 10% over or under.”

Many of the facts were agreed to by stipulation of the parties. No question is made as to the quality of the sugar nor as to the fulfillment of any of the conditions binding upon the seller, and it is agreed that upon the arrival of the vessel containing the sugar, the plaintiff tendered to the defendant 220…