CITY OF CHICAGO v. PROCTER & GAMBLE CO.

No. 4343.

9 F.2d 286 (1925)

CITY OF CHICAGO v. PROCTER & GAMBLE CO.

Circuit Court of Appeals, Sixth Circuit.

December 2, 1925.


Attorney(s) appearing for the Case

Judson Harmon, of Cincinnati, Ohio (Harmon, Colston, Goldsmith & Hoadly, of Cincinnati, Ohio, on the brief), for plaintiff in error.

Frank Dinsmore, of Cincinnati, Ohio (Dinsmore, Shohl & Sawyer and Malcolm McAvoy, all of Cincinnati, Ohio, on the brief), for defendant in error.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.


KNAPPEN, Circuit Judge.

On May 20, 1916, plaintiff below (plaintiff in error here) contracted with defendant, a manufacturer of soap at Ivorydale, Ohio, to sell to the latter all the garbage grease produced by plaintiff at its municipal reduction plant in Chicago during the ensuing eight months. The contract declared it to be plaintiff's intention that the grease should contain by weight not more than 3 per cent. "total impurities" (meaning thereby "all unsaponifiable...

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