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G. AMSINCK & CO. v. SPRINGFIELD GROCER CO.

No. 6961.

7 F.2d 855 (1925)

G. AMSINCK & CO., Inc., v. SPRINGFIELD GROCER CO.

Circuit Court of Appeals, Eighth Circuit.

August 4, 1925.

Attorney(s) appearing for the Case

G. M. Sebree, of Springfield, Mo. (J. B. Fradenburg, of Omaha, Neb., P. H. Kunzig, of Philadelphia, Pa., and J. D. Redding, of San Francisco, Cal., on the brief), for plaintiff in error.

E. A. Barbour, of Springfield, Mo. (Barbour & McDavid and Mann & Mann, all of Springfield, Mo., and Wm. Ritchie, Jr., of Omaha, Neb., on the brief), for defendant in error.

Before STONE and KENYON, Circuit Judges, and PHILLIPS, District Judge.

KENYON, Circuit Judge.

Plaintiff in error (herein designated as plaintiff) brought action in the United States District Court for the Southern Division of the Western District of Missouri against defendant in error (herein designated as defendant) to recover damages for the refusal of defendant to receive 80 tons of alleged Java white granulated sugar, which plaintiff claimed defendant had purchased by written agreement of date May 28, 1920, at the price of $22 per...

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