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OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA

No. 314.

27 F.2d 129 (1928)

OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA.

Circuit Court of Appeals, Second Circuit.

June 11, 1928.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Henry N. Longley and Roger H. Loughran, both of New York City, of counsel), for appellant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

As between Nozaki and the libelant the contract was never in fact performed, because the goods were not shipped in June, July, or August, as the agreement required. The libelant could have rejected them, even if they had finally gone forward and reached New York, for time was of the essence, and the breach was in limine. Jones v. United States, 96 U.S. 24, 24 L. Ed...

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