WESSEL v. SEMINOLE PHOSPHATE CO.

No. 2428.

13 F.2d 999 (1926)

WESSEL et al. v. SEMINOLE PHOSPHATE CO.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1926.


Attorney(s) appearing for the Case

Edward R. Baird, Jr., of Norfolk, Va. (Baird, White & Lanning, of Norfolk, Va., H. G. Connor, Jr., of Wilson, N. C., and R. Clarence Dozier, of Norfolk, Va., on the brief), for plaintiffs in error.

Kenneth C. Royall, of Goldsboro, N. C., for defendant in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.


PARKER, Circuit Judge (after stating the facts as above).

The plaintiffs contend that the District Judge erred in holding that their action in failing to ship the nitrate when requested upon 30 days' terms amounted to a cancellation of the contract. Defendant contends that this holding was correct, as the exclusive remedy of the plaintiffs, upon refusal of defendant to pay in advance or furnish satisfactory security, was to cancel the contract. As additional grounds...

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