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C. C. MENGEL & BRO. CO. v. HANDY CHOCOLATE CO.

No. 1909.

10 F.2d 293 (1926)

C. C. MENGEL & BRO. CO. v. HANDY CHOCOLATE CO.

Circuit Court of Appeals, First Circuit.

January 26, 1926.

Attorney(s) appearing for the Case

Addison C. Burnham, of Boston, Mass. (Blodgett, Jones, Burnham & Bingham, of Boston, Mass., on the brief), for plaintiff in error.

Philip N. Jones, of Boston, Mass. (Hurlburt, Jones & Hall, of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This is an action for breach of contract. The plaintiff was the seller and the defendant the buyer of 50 tons of cocoa beans. The case was submitted to the District Court without a jury, and, without opinion or special findings of fact, that court entered judgment for the defendant.

The controlling facts are undisputed. The contract was in writing, as follows:

"Cocoa Contract to Arrive....

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