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CUDAHY PACKING CO. v. NARZISENFELD

No. 48.

3 F.2d 567 (1924)

CUDAHY PACKING CO. v. NARZISENFELD.

Circuit Court of Appeals, Second Circuit.

November 10, 1924.

Attorney(s) appearing for the Case

Gilbert H. Montague, of New York City (Gilbert H. Montague, Joseph W. Goodwin, and Charles Furnald Smith, all of New York City, of counsel), for plaintiff in error.

Hartman & Levy, of New York City (Hugo Levy, of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

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

This action was brought to recover the amount it is claimed the defendant agreed to pay to plaintiff for 400 cases of eggs sold and delivered by the latter to the former in New York City in September, 1920. The eggs at the time of the sale were in a warehouse in the city of New York.

It appears that the defendant's representative called at the plaintiff's place of business in New York and inquired whether...

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