FRIGORIFICO WILSON DE LA ARGENTINA v. WEIRTON STEEL CO.

No. 3319.

62 F.2d 677 (1933)

FRIGORIFICO WILSON DE LA ARGENTINA v. WEIRTON STEEL CO.

Circuit Court of Appeals, Fourth Circuit.

January 10, 1933.


Attorney(s) appearing for the Case

William R. Brown, of Chicago, Ill. (J. J. P. O'Brien and P. D. Morris, both of Wheeling, W. Va., and Thomas Freeman, of Chicago, Ill., on the brief), for appellant.

Charles McCamic, of Wheeling, W. Va. (Thorp, Bostwick, Stewart & Reed, of Pittsburgh, Pa., McCamic & Clarke, of Wheeling, W. Va., and W. D. Stewart, of Pittsburgh, Pa., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

A demurrer to a declaration in assumpsit for breach of a written contract, which by stipulation was made a part of each of the five counts of the declaration, was sustained by the District Court. The contract was an agreement of sale, in which a West Virginia manufacturer of prime coke tin plate agreed to sell to a packer of meat and food products, 50,000 base boxes of such tin plate, at a designated price, to be shipped during the year 1918...

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