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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