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BAUM v. SEGAL

April 5, 1950

BAUM
v.
SEGAL et al.



The opinion of the court was delivered by: MADDEN

This is an action for alleged breach of contract and resulting damages. Plaintiff, William A. Baum, doing business as William Baum Company, ordered automobile tubes from the defendants, Joseph Segal, George Simon and Bernard Fields, doing business as the S. S. Tube Service Company, by the following writing:

'Order No. 4651

 'For: S & S Tire Service Corporation

 1500 Broadway

 Camden, N.J.

 Merchandise: 2000 (Two Thousand) new inner tubes (butyl) for passenger cars 600 x 16; Robbins or other recognized brand.

 Price $ 2.61 net each, free alongside steamer Philadelphia, Pa.

 Packing: Tubes in their individual little cartons, about six cartons to be packed in a seaworthy carton, iron strapped.

 Shipment: On the S./S. 'Mormacdawn' sailing on August 10th, 1946 from Philadelphia to Buenos Aires (via New York). August 9th would probably be the last loading day.

 Marks: Z.B.

 Buenos Aires

 Made in U.S.A.

 No. 1/up

 Confirmation: Upon your confirmation tomorrow we shall give immediate instructions to have a domestic irrevocable letter of credit opened in your favor with payment against ...


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