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EVERETT FRUIT PRODUCTS CO. v. HOFFMAN

No. 5020.

18 F.2d 21 (1927)

EVERETT FRUIT PRODUCTS CO. v. HOFFMAN et al.

Circuit Court of Appeals, Ninth Circuit.

March 21, 1927.

Attorney(s) appearing for the Case

Williams & Davis, of Everett, Wash., and Reames & Moore, of Seattle, Wash., for plaintiff in error.

Kerr, McCord & Ivey, E. S. McCord, Jr., and Wm. Z. Kerr, all of Seattle, Wash., for defendants in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

Judgment below for $2,000 in favor of the plaintiffs, buyers, for the breach of two contracts for the sale of canned pears. Defendant, the seller, brings error.

On August 6, 1924, the defendant, a corporation engaged in the fruit-packing business at Everett, Wash., executed with the plaintiffs, a firm of food brokers in San Francisco, an agreement, in commercial form, for the sale to them of 2,000 cases of canned pears, "substandard...

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