SUGARINE CO. v. WERTHAN BAG CO.

No. 4668.

19 F.2d 919 (1927)

SUGARINE CO. v. WERTHAN BAG CO.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1927.


Attorney(s) appearing for the Case

Thomas E. Sandidge, of Owensboro, Ky. (W. P. Sandidge and Sandidge & Sandidge, all of Owensboro, Ky., on the brief), for plaintiff in error.

E. B. Anderson, of Owensboro, Ky., for defendant in error.

Before DENISON, Circuit Judge, and KILLITS and HICKENLOOPER, District Judges.


DENISON, Circuit Judge.

The plaintiff in error, the defendant below, was vendee, and the Bag Company was vendor, in a contract for the manufacture and sale of 40,000 bags, of specified sizes, to be shipped in August, 1920. The vendor was ready, then and always thereafter, to make shipment. The vendee repeatedly requested delay, which was as often granted. The record must be considered as justifying the finding, which was made and is not complained of, that the final...

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