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F. E. ATTEAUX & CO. v. PANCREON MFG. CORPORATION

Nos. 2120-2121.

22 F.2d 749 (1927)

F. E. ATTEAUX & CO., Inc., v. PANCREON MFG. CORPORATION (two cases).

Circuit Court of Appeals, First Circuit.

December 2, 1927.

Attorney(s) appearing for the Case

Francis M. Carroll, of Boston, Mass. (Sidney R. Wrightington, of Boston, Mass., on the brief), for plaintiff in error.

Lee M. Friedman, of Boston, Mass. (Paul D. Turner, Frank L. Kozol and Friedman, Atherton, King & Turner, all of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

These cross-suits grow out of a controversy over a contract of sale of 2,000 barrels of pancreon to F. E. Atteaux & Co. In No. 2120, in which the Pancreon Company is the plaintiff, the declaration is in two counts: (1) For $3,964.80 for 150 barrels sold and delivered; (2) for breach of a contract to take delivery of 865 barrels, containing 165 pounds each, at 15 cents per pound.

In its answer and cross-suit the Atteaux Company...

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