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HIND, ROLPH & CO. v. BERTAUT & CO.

No. 4780.

17 F.2d 485 (1927)

HIND, ROLPH & CO. v. BERTAUT & CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1927.

Attorney(s) appearing for the Case

Richard B. Montgomery, of New Orleans, La., for plaintiff in error.

George Denegre, Victor Leovy, Henry H. Chaffe, Harry McCall, and James H. Bruns, all of New Orleans, La., for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit on a contract for the sale and purchase of 150 tons of rice. The suit was brought by the seller against the buyer. The petition alleges that the rice was tendered in accordance with the contract, but rejected by the buyer, and thereafter resold at a loss on account of a decline in the market price, and seeks to recover the difference between the resale price and the contract price. The contract provides for the shipment of rice...

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