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KALAMAZOO ICE & FUEL CO. v. GERBER

No. 4064.

4 F.2d 235 (1924)

KALAMAZOO ICE & FUEL CO. v. GERBER et al.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied February 11, 1925.

Attorney(s) appearing for the Case

Harry C. Howard, of Kalamazoo, Mich., for plaintiff in error.

Stuart E. Knappen, of Grand Rapids, Mich. (Knappen, Uhl & Bryant, of Grand Rapids, Mich., on the brief), for defendants in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

MACK, Circuit Judge.

This is a suit for breach of contract by the buyer, the defendants in error, hereinafter called plaintiff, against the seller, the plaintiff in error, hereinafter called defendant, for the latter's alleged failure to deliver on time. The body of the contract in dispute, executed between the defendant and the plaintiff's assignor early in July, 1922, is printed in the footnote.1

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