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COMPANHIA DE NAVEGACAO LLOYD BRASILEIRO v. C. G. BLAKE CO.

No. 327.

34 F.2d 616 (1929)

COMPANHIA DE NAVEGACAO LLOYD BRASILEIRO v. C. G. BLAKE CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.

Attorney(s) appearing for the Case

Purrington & McConnell and Frank J. McConnell, all of New York City (James D. Brown, of New York City, on the brief), for plaintiff.

Lord, Day & Lord, of New York City, and Murray Seasongood, of Cincinnati, Ohio (Allen Evarts Foster, Parker McCollester, and Franklin Grady, all of New York City, on the brief), for defendants.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

This contract was not to deliver the amount of coal which six vessels of average capacity could lift. It was not a tonnage contract at all, but an undertaking to fill six steamers with coal and send them to Rio. The seller was not obliged, nor indeed was he permitted, to send more or less than six steamers; his offer to substitute schooners, for example, was not in performance, and indeed was not so suggested...

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