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HARTMANN-SCHNEIDER CO. v. FARISH CO.

No. 3192.

7 F.2d 561 (1925)

HARTMANN-SCHNEIDER CO. v. FARISH CO.

Circuit Court of Appeals, Third Circuit.

September 8, 1925.

Attorney(s) appearing for the Case

John M. Henry, of Pittsburgh, Pa., and George E. Wolfe, of Johnstown, Pa., for appellant.

Elverton H. Wicks and Morris, Walker & Boyle, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

On January 17, 1920, the Hartmann-Schneider Company ordered from the Farish Company 25 bales of cloth material called white balk indigo denims, used for overalls. The order was accepted by the Farish Company on January 21, 1920. The seller under the contract had the "privilege of shipping up to 30 per cent. in seconds." The material was to be shipped in about equal weekly deliveries from April to September 2, 1920, inclusive. One bale was shipped...

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