ALSCHULER, Circuit Judge. (after stating the facts as above).
It may be gathered from the undisputed facts that the price which Benjamin ultimately paid was slightly higher than Gordon's bid, if the latter were reduced to make allowance for the discrepancy between the actual quantity of merchandise and the amounts thereof the receiver had stated as basis for the bids. True, it is claimed that Gordon was willing to pay more; but at the time the price was finally agreed...
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