Horace Gray

“ This view of the case renders it unnecessary to consider the other questions raised at the trial and argued at the bar, and requires the judgment of the circuit court to be reversed and the case remanded, with directions to order a new trial. ”

“ The term 'shipment from Glasgow' defines an act to be done by the sellers at the outset, and a condition precedent to any liability of the buyer. The sellers do not undertake to obtain shipment, nor does the buyer agree to accept iron shipped at any other port. The buyer takes the risk of delay in getting shipment from Glasgow, or of delay or disaster in prosecuting the voyage from Glasgow to New Orleans. ”