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AUGLAIZE BOX BOARD CO. v. KANSAS CITY FIBRE BOX CO.

No. 5222.

35 F.2d 822 (1929)

AUGLAIZE BOX BOARD CO. v. KANSAS CITY FIBRE BOX CO.

Circuit Court of Appeals, Sixth Circuit.

November 13, 1929.

Attorney(s) appearing for the Case

G. H. Wells, of Dayton, Ohio, and S. A. Headley, of Cincinnati, Ohio (E. H. & W. B. Turner and W. B. Turner, all of Dayton, Ohio, on the brief), for appellant.

Murray Seasongood, of Cincinnati, Ohio (Robert P. Goldman and Paxton & Seasongood, all of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

MOORMAN, Circuit Judge.

Under a contract made on January 2, 1920, the appellee agreed to buy from appellant 3,600 tons of jute during the year 1920. The contract provided for the shipment of 300 tons a month from January 1 to December 31. It also provided that each month's requirement should be considered as a separate contract. Appellant shipped and appellee accepted and paid for the stipulated quantities for the first ten months of the year. On October 15th, appellant...

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