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McNEIL & HIGGINS CO. v. HOWELL

No. 3534.

10 F.2d 969 (1925)

McNEIL & HIGGINS CO. v. HOWELL et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 10, 1926.

Attorney(s) appearing for the Case

Charles Hudson, of Chicago, Ill., for plaintiff in error.

Albert Fink, of Chicago, Ill., for defendants in error.

Before ALSCHULER and ANDERSON, Circuit Judges.

ALSCHULER, Circuit Judge.

Plaintiffs in the District Court, defendants in error here, recovered a judgment against defendant there for breach of contracts for the purchase of sugar. The contracts and other facts are set forth in same case in this court (285 F. 873), wherein there was reversal and remandment for new trial.

That one car of the contracted sugar remained undelivered is scarcely to be doubted upon this record, and the asserted error of the court...

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