IN RE INDEPENDENT COAL CORPORATION

No. 181.

18 F.2d 1 (1927)

In re INDEPENDENT COAL CORPORATION. Appeal of UPDIKE.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.


Attorney(s) appearing for the Case

Isadore Shapiro, Frank M. Swacker, Ambrose V. McCall, and Leonard Acker, all of New York City, for appellant.

Patterson, Eagle, Greenough & Day, of New York City (Charles D. Francis and Carroll G. Walter, both of New York City, of counsel), for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.


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

The sale is evidenced by a written contract, in the main a printed form, signed by Empire Company's New York agent (its main office being in Philadelphia) and Independent Company's treasurer. Agreement was that coal should "be delivered f. a. s. (free alongside), t. i. b. (trimmed in buckets), and f. o. b. (free on board) * * * around October 5," 1925, the larger part at Port Reading and the rest at South Amboy...

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