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HIGGINS v. CALIFORNIA PRUNE & APRICOT GROWERS

No. 103.

16 F.2d 190 (1926)

HIGGINS et al. v. CALIFORNIA PRUNE & APRICOT GROWERS, Inc.

Circuit Court of Appeals, Second Circuit.

December 13, 1926.

Attorney(s) appearing for the Case

Myers, Goldsmith & Behr, of New York City, and John W. Preston, of San Francisco, Cal., for plaintiffs in error.

Pitkin & Rosensohn, of New York City, for defendant in error.

Before MANTON and MACK, Circuit Judges, and AUGUSTUS N. HAND, District Judge.

MANTON, Circuit Judge.

On August 12, 1920, the plaintiffs in error purchased, by written contract, from defendant in error, 34 carloads of dried prunes. The contract called for the delivery in the fall of 1920, and the price was fixed, "firm at seller's opening price, said price guaranteed against seller's own decline until January 1, 1921." The price was definitely fixed on August 11th, and notice thereof was received by the buyer before the execution of the contract...

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