MEMPHIS FURNITURE MFG. CO. v. WEMYSS FURNITURE CO.

No. 4000.

2 F.2d 428 (1924)

MEMPHIS FURNITURE MFG. CO. v. WEMYSS FURNITURE CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1924.


Attorney(s) appearing for the Case

T. K. Riddick, of Memphis, Tenn. (M. C. Ketchum, of Memphis, Tenn., on the brief), for plaintiff in error.

Lovick P. Miles, of Memphis, Tenn. (Miles, Waring & Walker, of Memphis, Tenn., on the brief), for defendant in error.

Before DONAHUE and MACK, Circuit Judges, and SATER, District Judge.


SATER, District Judge (after stating the facts as above).

The defendant insists (1) that the arrangement between the parties under which the goods were to be manufactured and shipped was such as not to constitute a binding contract on the plaintiff, for want of consideration and mutuality — that is to say, the arrangement was such that the plaintiff was at liberty to carry it out or not, as it might elect, and, as it was not binding on both parties, it was...

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