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WICHITA MILL & E. CO. v. NAAMLOOZE, ETC., INDUSTRIE

No. 4374.

3 F.2d 931 (1925)

WICHITA MILL & ELEVATOR CO. v. NAAMLOOZE VANNOOTSCHAP-GREBRS VAN DEN BERGH'S INDUSTRIE EN HANDELMAATSCHAPPY.

Circuit Court of Appeals, Fifth Circuit.

January 30, 1925.

Attorney(s) appearing for the Case

T. R. Boone and John B. King, both of Wichita Falls, Tex. (T. R. Boone, Leslie Humphrey, and John B. King, all of Wichita Falls, Tex., on the brief), for plaintiff in error.

J. T. Montgomery, of Wichita Falls, Tex., E. R. Morrison and L. Newton Wylder, both of Kansas City, Mo., and E. R. Surles, of Wichita Falls, Tex. (Morrison, Nugent, Wylder & Berger, of Kansas City, Mo., Carrigan, Montgomery, Britain, Morgan & King, of Wichita Falls, Tex., and E. R. Surles, of Fort Worth, Tex., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This suit, brought by the defendant in error (herein referred to as the consignee), grew out of transactions which followed the making, in June, 1921, of contracts between the consignee and the plaintiff in error (herein referred to as the shipper), whereby the latter agreed to sell to the consignee flour "c. i. f. Rotterdam, sailing in July," at stated prices; the term "c. i. f." meaning that the amount payable includes the stated price, insurance...

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