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WESTERN GROCER CO. v. NEW YORK OVERSEA CO.

No. 16944.

28 F.2d 518 (1928)

WESTERN GROCER CO. v. NEW YORK OVERSEA CO.

District Court, N. D. California, S. D.

October 12, 1928.

Attorney(s) appearing for the Case

William Ritchie, Jr., of Omaha, Neb., and Oliver Dibble and D. M. McKell, both of San Francisco, Cal., for plaintiff.

Hadsell, Sweet & Ingalls, Joe G. Sweet, and Robert L. Lamb, all of San Francisco, Cal., for defendant.

KERRIGAN, District Judge.

This is an action for breach of contract by the buyer against the seller of certain sugar. The contract was entered into in May, 1920. The material terms are as follows:

"Quantity: (About) eight hundred (800) tons (each 2,240 pounds).

"Shipment: Java, during July, 1920.

"Price: $21.75 per hundred pounds, duty paid c. i. f. San Francisco.

"Payment: Net cash in San Francisco against seller's sight draft, with...

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