
    No. 5445.
    Bostick & Seymour vs. Mendenhall & Kitchell.
    The plaintiffs, a firm of New Orleans, ordered a lot of sheet iron from the defendants, a firm of Cincinnati, on sixty days’ time, directing them to hold it until they could ship it at twenty-five or thirty cents per hundred pounds. Correspondence by telegraph and letter ensued, the defendants repeatedly informing the plaintiffs the iron could not be shipped for less than forty cents, and later, at fifty cents. Finally, the plaintiffs, after long delay, ordered the shipment at best possible rates, and then the defendants inquired how and where payment for the goods was to be made, and the answers thereto were evasive and unsatisfactory, and they did not ship. The suit was for the recovery of four thousand dollars as damages for non-shipment. Held, when the failure of the defendants to ship goods was directly caused by the plaintiffs’ repeated and express orders to wait for lower freights, and when, finally, the plaintiffs ordered the shipment at best possible rates, with which the defendants were about to comply, but on inquiring about the payment for their goods received answers so evasive and unsatisfactory as to induce a reasonable doubt of the plaintiffs’ ultimate intention to pay, the defendants were justified in not shipping.
    Appeal from the Fourth District Court of New Orleans. Lynch, J.
    
      Cohen for Plaintiffs Appellants. Gilmore & Sons for Defendants.
   Manning, C. J.,

delivered the opinion, reciting the testimony at length, and affirming the judgment.  