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WYATT LUMBER COMPANY v. COOLEY HARDWOOD MANUFACTURING COMPANY

No. 4353.

3 F.2d 1023 (1925)

WYATT LUMBER COMPANY, Limited, a Corporation, Plaintiff in Error, v. COOLEY HARDWOOD MANUFACTURING COMPANY, a Corporation, Defendant in Error.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1925.

Attorney(s) appearing for the Case

Albert I. Loeb, of San Francisco, Cal., for plaintiff in error.

R. Clarence Ogden, of San Francisco, Cal., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

In July, 1922, R. H. Cooley entered into a written contract with the plaintiff in error, whereby the latter agreed to deliver to him at Oakland, Cal., 500,000 feet of oak lumber of specified grades at a specified price, to be paid for five days after delivery; deliveries to commence about November, 1922, and to continue thereafter at the rate of 60,000 feet per month. In November, 1922, Cooley assigned his interest in the contract to the defendant...

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