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HOWELL v. WITMAN-SCHWARTZ CORPORATION

No. 3267.

7 F.2d 513 (1925)

HOWELL et al. v. WITMAN-SCHWARTZ CORPORATION.

Circuit Court of Appeals, Third Circuit.

September 11, 1925.

Attorney(s) appearing for the Case

Knapp, O'Malley, Hill & Harris, of Scranton, Pa. (John S. Keith, of New York City, and Walter L. Hill, of Scranton, Pa., of counsel), for plaintiffs in error.

Arthur H. Hull and E. E. Beidleman, both of Harrisburg, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

The plaintiffs, at the time of the transaction which resulted in this litigation, were sugar brokers doing business in the city of New York, and the defendant was a wholesale grocer engaged in business at Harrisburg, Pa. The plaintiffs, on or about July 9, 1920, sold defendant 360 bags and 200 cases of fine granulated sugar. The price fell, and the defendant refused to accept the sugar. Plaintiffs, on account of diversity of citizenship, brought...

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