WILSON & TOOMER FERTILIZER CO. v. AMERICAN CYANAMID CO.

No. 5453.

33 F.2d 812 (1929)

WILSON & TOOMER FERTILIZER CO. v. AMERICAN CYANAMID CO.

Circuit Court of Appeals, Fifth Circuit.

July 17, 1929.


Attorney(s) appearing for the Case

George C. Bedell and Robert R. Milam, both of Jacksonville, Fla. (Arthur Y. Milam, of Jacksonville, Fla., and E. T. McIlvaine, of Miami, Fla., on the brief), for appellant.

Peter O. Knight, James F. Glen, C. Fred Thompson and A. G. Turner, all of Tampa, Fla., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Appellant sued appellee upon a written contract for the purchase and sale of pebble phosphate. The contract was between appellant as purchaser and the Amalgamated Phosphate Company as seller, and called for the annual delivery of twelve to eighteen thousand tons, at purchaser's option, for ten years, beginning January 1, 1913; it provided that shipments should be billed during the first five years at $2.70 per ton, and thereafter at $2.80 per...

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