ALSCHULER, Circuit Judge (after stating the facts as above).
It is urged that the contract was speculative, and that the chance or risk of its ultimate performance was assumed wholly by Goltra. That Goltra assumed the risk of a sufficient supply of cars for delivery of the coal is apparent. But he did not assume risk of his failure to receive coal for transportation by his barges because of inequitable conduct of the chemical company. The large expense which Goltra...
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