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EBLING BREWING CO. v. CEREAL PRODUCTS CO.

No. 339.

6 F.2d 984 (1925)

EBLING BREWING CO. v. CEREAL PRODUCTS CO.

Circuit Court of Appeals, Second Circuit.

May 4, 1925.

Attorney(s) appearing for the Case

Louis Salant, of New York City, for plaintiff in error.

Guggenheimer, Strasser & Meyer, of New York City (David L. Podell, Charles H. Meyer, and Mortimer Hays, all of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON and HAND, Circuit Judges.

HAND, Circuit Judge.

The action was for damages for breach of contract in refusing to accept delivery of 1,000 tons of malt. The original contract had been made on February 10, 1920, between the plaintiff and the North Kensington Trading Corporation, by which the North Kensington Company agreed to purchase the malt by August 1, 1920. It was in writing, and no one claims that when originally made the defendant was a party to...

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