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TALLAHATCHIE LUMBER CO. v. RIVERSIDE LUMBER CO.

No. 4506.

12 F.2d 38 (1926)

TALLAHATCHIE LUMBER CO. v. RIVERSIDE LUMBER CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

March 2, 1926.

Attorney(s) appearing for the Case

Edwin T. Merrick, Ralph J. Schwarz, and Morris B. Redmann, all of New Orleans, La., for plaintiff in error.

J. Blanc Monroe, Monte M. Lemann, and Nicholas Callan, all of New Orleans, La., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.

GRUBB, District Judge.

This was an action by plaintiff (defendant in error) against the defendant (plaintiff in error) on a contract for the sale of lumber and to recover the price of the lumber sold. The contract was made March 4, 1920. By its terms plaintiff sold to defendant "the entire cut of hardwood lumber made by its mill during the year 1920." The prices stipulated were "for lumber loaded on cars at Madisonville." At the time the contract was made, and up...

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