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MILTON v. H. C. STONE LUMBER CO.

No. 4169.

36 F.2d 589 (1929)

MILTON et al. v. H. C. STONE LUMBER CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 18, 1930.

Attorney(s) appearing for the Case

Josiah Whitnel, of East St. Louis, Ill., and David J. Cowan, of Peoria, Ill., for appellants.

Chester F. Barnett, of Peoria, Ill., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

Appellants complain because the court failed to apply the proper measure of damages to determine its loss suffered by reason of appellee's breach of its contract. The action was tried by the court upon a written stipulation waiving the jury. A carefully prepared opinion was filed by the District Court which embodied its views both as to fact and the law. The substance of these views was: That appellee breached its contract to take 100...

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