54 Pa. Super. 11 | Pa. Super. Ct. | 1913
Opinion by
This action was brought to recover $702, with interest, upon a contract dated April 16, 1907, by which the plaintiff agreed to furnish and deliver to the defendant 500 tons of Grey-Forge Sloss pig iron, under terms and conditions set forth at length in a copy attached to the plaintiff’s statement. Thirty-nine of the tons called for were delivered to a railroad company at Birmingham, Alabama, where the iron was made, to be shipped to the defendants at Tacony, Philadelphia, Pennsylvania.
On April 30, 1907, the shipments were forwarded, and were tendered by the Pennsylvania R. R. Company to the defendant at Tacony, Pennsylvania, on December 24, 1907, when the iron was refused, and it was subsequently sold by the Pennsylvania R. R. Company for freight and charges which were in excess of the amount received from the sale of the iron. The contract specified that the iron was to be “Grey-Forge Sloss, at $22.80 per ton, of 2,240 pounds, delivered f. o. b. Tacony, Philadelphia, Pennsylvania. Shipments during April and May.”
No explanation was given as to where the iron had been held or why it had been detained during the intervening eight months, and the court on motion granted a non-suit which it subsequently refused to lift.
The agreement to deliver f. o. b. at Tacony, did not mean anything less than that the goods were to be de