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CHICAGO RY. EQUIPMENT CO. v. SUPERIOR CHARCOAL IRON CO.

No. 4147.

12 F.2d 235 (1926)

CHICAGO RY. EQUIPMENT CO. v. SUPERIOR CHARCOAL IRON CO.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1926.

Attorney(s) appearing for the Case

Harold W. Bryant, of Grand Rapids, Mich. (Knappen, Uhl & Bryant, of Grand Rapids, Mich., on the brief), for plaintiff in error.

Julius H. Amberg, of Grand Rapids, Mich. (Butterfield, Keeney & Amberg, of Grand Rapids, Mich., on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

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

The questions presented to this court are: Whether the seller had broken the contract by its early nondeliveries; whether, if so, the buyer had waived any rights thereby resulting to it; whether a valid new contract had been made for delivery after January 1st; and whether interest should be allowed. We have recently had occasion to consider in different aspects several...

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