SAN FRANCISCO IRON & METAL CO. v. SWEET STEEL CO.

No. 5150.

23 F.2d 783 (1928)

SAN FRANCISCO IRON & METAL CO. v. SWEET STEEL CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 27, 1928.


Attorney(s) appearing for the Case

Brownstone & Goodman, and Goldman & Altman, all of San Francisco, Cal., for plaintiff in error.

Hugh K. McKevitt, of San Francisco, Cal., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


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

The defendant assigns error to the denial of its motion for an instructed verdict in its favor, and it contends that the evidence failed to show the existence of a contract between the parties, and that, if there was a contract, it contained the condition that the plaintiff ship the rails from Philadelphia on March 15, 1921, and that the failure to comply with that condition justified the defendant in canceling...

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