Bulletin 118 Abrstracts of Current Decisions on Mines and Mining

A contract stipUlating for the delivery of quantities of phosphate rock" f. o. b. mines," and stipUlating that" while this contract is in form an absolute sale for a fixed quantity in each year, it is mutually understood and agreed that the purchase is for the buyer's consumption and not for a sale; the buyer agreeing to give to seller the refusal of any surplus over and above the actual consumption. Buyer is at liberty to increase or diminish the quantity called for in any year, to the extent of not exceeding 10 per cent; provided that the quantity to be taken shall not be less than buyer's consumption; provided further that notice of such increased or diminished demand be given seller 12 months in advance of such change," is to be construed as a contract for the sale of stated quantities of rock, deliverable in approximately equal quantities during each year for the specified series of years, subject only to be increased or diminished after specified notice in any year, where the amount taken would not be les<; than the buyer's consumption, not exceeding 10 per cent, and the contract indicating that the rock was intended by both parties for consumption in the fertilizer plant of the buyer. but the quantity to be taken was not limited by the necessities of' the plant.