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BUCHMAN v. MILLVILLE MFG. CO.

No. 124.

17 F.2d 983 (1927)

BUCHMAN et al. v. MILLVILLE MFG. CO.

Circuit Court of Appeals, Second Circuit.

February 7, 1927.

Attorney(s) appearing for the Case

Louis Marshall and Arthur Frank, both of New York City, for plaintiffs in error.

Everett, Clarke & Benedict, of New York City (Herman S. Hertwig and John P. Allee, both of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

We take up the objections to the recovery in the order that they are presented. The first is that the plaintiff's notice of May 13, 1920, said to vary the terms of the broker's bought and sold notes, was a counter-offer, which prevented the closing of a contract. This notice was clearly intended to be nothing but an advice that the defendants' order had been entered on...

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