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AMERICAN SUGAR REFINING CO. v. PAGE & SHAW

No. 2152.

23 F.2d 149 (1927)

AMERICAN SUGAR REFINING CO. v. PAGE & SHAW, Inc.

Circuit Court of Appeals, First Circuit.

December 27, 1927.

Attorney(s) appearing for the Case

Lothrop Withington, of Boston, Mass. (Sherman L. Whipple, of Boston, Mass., on the brief), for plaintiff in error.

George R. Nutter, of Boston, Mass. (Dunbar, Nutter & McClennen, of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM and JOHNSON, Circuit Judges, and HALE, District Judge.

BINGHAM, Circuit Judge.

This is an action of contract brought by the American Sugar Refining Company, a New Jersey corporation, against Page & Shaw, Inc., a Massachusetts corporation, to recover damages for the breach of two contracts. The declaration contained two counts. In the first count it was alleged that on or about June 7, 1920, the defendant entered into a contract with the plaintiff, whereby the plaintiff agreed to sell and deliver, and the defendant...

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