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PACIFIC RICE MILLS v. WESTFELDT BROS.

No. 5320.

31 F.2d 979 (1929)

PACIFIC RICE MILLS v. WESTFELDT BROS.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1929.

Attorney(s) appearing for the Case

John Dymond, Jr., and A. Giffen Levy, both of New Orleans, La. (Geo. C. Schoenberger, Jr., of New Orleans, La., on the brief), for appellant.

Frank W. Hart, of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from a judgment dismissing on exception of no cause of action a petition which sought to recover damages for the breach of a contract for the sale and purchase of 1,000 bags of rice. The suit was brought by the seller against the buyer. The petition alleged that rice was tendered in accordance with the provisions of the contract but was rejected by the buyer, and thereafter resold at a loss on account of a decline in the market...

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