Compania Engraw Commercial E. Industrial S. A. v. Schenley Distillers Corp.

Upon this appeal, -both the seller Engraw (of Argentina) and the ¡buyer S-chenley (of the Unite-d States) have appealed from a j-u-dgment awarding Engraw damages in the sum o-f $5,845.25 fo-r the breach o-f an alleged contract for the sale f:o.b. Buenos Aires, Argentina, of 1135 tons of glucose, deliveries to -be made in installments -from June to December 1946. Schenley, the alleged buyer, contends that there was no contract between the parties. Engraw contends that there was a contract -but that the lower court failed to award adequate damages for the -breach.

U-pon the basis o-f various written communications between the parties, culminating in a memorandum dated May 23, 1946, the -Court -below -found that a valid contract was consummated. We have examined the record and are convinced that the trial court’s finding on this issue is -based upon adequate evidence and is correct.

The -court -below also -found that the contract -was repudiated by Schenley on June 6, 1946, before any deliveries under the *878 agreement were required or had been made. We have studied the evidence and here again we are satisfied that this finding is sustained by the evidence and is correct.

The…