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ALABAMA CHEMICAL CO. v. INTERNATIONAL AGRICULTURAL CORP.

No. 5661.

35 F.2d 907 (1929)

ALABAMA CHEMICAL CO. v. INTERNATIONAL AGRICULTURAL CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1929.

Attorney(s) appearing for the Case

S. H. Dent and Fred S. Ball, both of Montgomery, Ala. (Ball & Ball, of Montgomery, Ala., on the brief), for appellant.

Marion Smith, of Atlanta, Ga., B. P. Crum, of Montgomery, Ala. (Steiner, Crum & Weil, of Montgomery, Ala., and Little, Powell, Smith & Goldstein, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

By a contract dated January 21, 1922, appellee agreed to sell, and appellant agreed to buy, 24,000 tons of Florida land pebble phosphate rock, at a price of $4.75 per ton f. o. b. appellee's mines, based on its containing 68 per cent. bone phosphate of lime. The price was to be increased at a stated rate "for any official analysis in excess of 68% B. P. L." (bone phosphate of lime), and correspondingly reduced "if below 68%, down to and including...

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