Reed

Action to recover the sum of $2,219.88, alleged to be the balance of the purchase price of certain steel sold by plaintiff’s assignor to defendants.

Concerning the facts there is little or no controversy. It appears therefrom that defendants were on or about May 25, 1917, constructing a certain building for the United States government. In connection therewith they required certain structural steel, and they entered into a contract with the Concrete Engineering Company, plaintiff’s assignor, to supply them with this material. The steel consisted of about eighty-five tons' of re-enforcing bars, for which defendants agreed to pay $4.40 per hundredweight, amounting in all to the sum of $4,719.88. Delivery was to be made upon a certain date, but the steel did not arrive according to schedule and defendants thereupon notified plaintiff’s assignor of this fact, informing it at the same time that they would be compelled to obtain the material elsewhere, and could not therefore accept delivery of the same as contracted for. The steel subsequently arrived, but too late to be used in the construction of the building for which defendants had purchased it. Efforts were then made to induce…