Biddell Brothers (plaintiff) was assigned the rights under two contracts to purchase 150 bales of hops from E. Clemens Horst Company (Clemens) (defendant). The contracts stated that the shipment was C.I.F. to London or Liverpool. When the time arrived for Clemens to ship the hops, the parties disagreed as to whether payment was due when the hops were delivered or when the bill of lading was provided to Biddell Brothers. Ultimately, Clemens refused to ship the hops because Biddell Brothers would not make payment until receiving delivery of the hops. Biddell Brothers brought suit against Clemens for breach of contract, and Clemens counterclaimed for breach of contract. The trial court entered judgment in favor of Clemens. Biddell Brothers appealed.