Lund

This cause is submitted upon an agreed statement of facts. From this it appears that libelant bought of respondents on June 6, 1912, 1,500 tons of French chalk, to be paid for on delivery in San Francisco, and to be shipped from Europe to San Francisco in two shipments, the first shipment to be made during June/July, 1912, and the second to be made during November/December, 1912, or January, 1913. The first shipment was not made until Mgy, 1913, at which time 500 tons were shipped, which arrived in'San Francisco in July, 1913, and were afterwards delivered to and accepted by libelant. In the meanwhile, however, in March and April, 1913, libelant, to meet the requirements of its business, was compelled to purchase, and did purchase, 295 tons of French chalk at a price greater by $1,242.60 than the price agreed to be paid to respondents for an equal amount. If the chalk had been shipped in June/July, 1912, libelant would not have been compelled to make this purchase.

This action is to recover the said sum of $1,242.60. It is stipulated that the price paid by libelant for the 295 tons was the lowest price at which such chalk could have been purchased at the time and place of such…