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TIBBITTS-HEWITT GROCERY CO. v. S. E. LUX, JR., MERCANTILE CO.

No. 6728.

5 F.2d 549 (1925)

TIBBITTS-HEWITT GROCERY CO. v. S. E. LUX, JR., MERCANTILE CO.

Circuit Court of Appeals, Eighth Circuit.

April 30, 1925.

Attorney(s) appearing for the Case

David Goldsmith and M. N. Sale, both of St. Louis, Mo., for plaintiff in error.

D. R. Hite, of Topeka, Kan., for defendant in error.

Before SANBORN and LEWIS, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

The defendant in error, herein called the Lux Co., a corporation of Kansas, recovered a judgment as for its damages on account of alleged breach of contract by appellant, herein called Tibbitts Co., a Missouri corporation. The complaint alleges that on or about May 3, 1920, the Lux Co. sold to the Tibbitts Co. 1,000 bags of Hong Kong granulated sugar weighing 100 pounds each at $24.75 per cwt. f. o. b. San Francisco, that the Tibbitts Co. agreed...

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