R. B. BOAK & CO. v. UNITED STATES SHIPPING BOARD E. F. CORP.

No. 4592.

11 F.2d 523 (1926)

R. B. BOAK & CO. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1926.


Attorney(s) appearing for the Case

S. M. Johnston, of Mobile, Ala., for plaintiff in error.

Joseph W. John, Asst. U. S. Atty., of Mobile, Ala., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

By this suit plaintiff in error (herein called plaintiff) in separate counts claimed damages for the alleged breach of eight similar alleged written contracts of the defendant in error (herein called defendant). One of those contracts, entered into at Mobile, Ala., on March 3, 1920, named Mayaguez, P. R., as the port of destination, and stated:

"We have reserved space for you for 100 barrels pickled fish to above-named port at the rate...

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