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ADKINS-POLK & CO. v. G. AMSINCK & CO.

No. 4620.

10 F.2d 361 (1925)

ADKINS-POLK & CO. v. G. AMSINCK & CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1926.

Attorney(s) appearing for the Case

Webster Atwell, of Dallas, Tex., for plaintiff in error.

Geo. T. Burgess, of Dallas, Tex. (Joseph D. Redding and Joseph A. Spray, both of San Francisco, Cal., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This was a suit at law, brought in the District Court by defendant in error to recover damages for a partial breach of a contract for the sale and delivery of 500 short tons of white granulated sugar, alleged to have been caused by the refusal of plaintiff in error to receive and pay for some 57 tons of said sugar. The parties will be referred to as they appeared in the District Court. Defendant admitted the original contract, but pleaded a...

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