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McLEOD LUMBER CO. v. WESTERN REDWOOD CO.

No. 4558.

8 F.2d 930 (1925)

McLEOD LUMBER CO. v. WESTERN REDWOOD CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 4, 1926.

Attorney(s) appearing for the Case

Redman & Alexander, of San Francisco, Cal., for plaintiff in error.

John L. McNab, Byron Coleman, and Norman A. Eisner, all of San Francisco, Cal., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This was an action to recover damages for breach of a written contract between the Western Redwood Company, as first party, and McLeod Lumber Company, as second party. The contract provided, among other things, that the first party should, without delay, place its mill at Needle Rock, Cal., in readiness to operate, and should procure and cut redwood timber and sell the entire redwood output of the mill through the second party, and that, if...

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