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CLINTON MILLS CO. v. SACO-LOWELL SHOPS

No. 1768.

3 F.2d 410 (1925)

CLINTON MILLS CO. v. SACO-LOWELL SHOPS.

Circuit Court of Appeals, First Circuit.

January 23, 1925.

Attorney(s) appearing for the Case

Stuart C. Rand, of Boston, Mass. (Thomas A. McKennell, of New York City, and John L. Hall and Lowell S. Nicholson, both of Boston, Mass., on the brief), for plaintiff in error.

Dunbar F. Carpenter, of Boston, Mass. (William T. Snow and Gaston, Snow, Saltonstall & Hunt, all of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge.

In this action the plaintiff sought to recover for breach of a contract for the manufacture and sale of cotton mill machinery. The case has been before us once before, and our opinion appears in 277 F. 349. We then held that as, according to the plaintiff's contention, the contract was not consummated until June 5, 1915, and that as proof of one essential element of the contract, the time of delivery, depended entirely upon oral testimony,...

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