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GERSETA CORPORATION v. MOGI

No. 148.

17 F.2d 699 (1927)

GERSETA CORPORATION v. MOGI et al.

Circuit Court of Appeals, Second Circuit.

February 7, 1927.

Attorney(s) appearing for the Case

Hays, Podell & Shulman, of New York City (Jacob J. Podell, Mortimer Hays, and Herman Shulman, all of New York City, of counsel), for plaintiff in error.

Winthrop & Stimson, of New York City (Allen T. Klots and Arthur E. Pettit, both of New York City, and William C. Chandler, of counsel), for defendants in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

The scheme of pleadings and some uncontradicted facts have been set out at some length, because we think that background, with some holdings by us on the force and effect of the evidence, will avoid discussion of several legal points.

The vital question is whether Gerseta showed legal excuse or justification for its repudiation of contracts made on June 3d. At that date Mogi had in New York City and...

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