Commercial Law Keyed to Lopucki
Canadian Industrial Alcohol Co. v. Dunbar Molasses Co
Plaintiff contracted with the Defendant to purchase approximately 1,500,000 wine gallons of molasses. Defendant’s supplier decided not to produce a sufficient amount of molasses and did not deliver to the Plaintiff the full amount of molasses, which were provided for in the contract. Plaintiff brought this action to recover damages. Defendant contends that the duty to deliver was conditioned upon the production by the National Sugar Refinery of molasses sufficient in quantity to fulfill Plaintiff’s order.
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