FARISH CO. v. MADISON DISTRIBUTING CO.

No. 145.

37 F.2d 455 (1930)

FARISH CO. v. MADISON DISTRIBUTING CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 13, 1930.


Attorney(s) appearing for the Case

Herman C. Pollack, of New York City, for appellant.

H. M. Stephens, of Los Angeles, Cal., and Haight, Smith, Griffen & Deming, of New York City (E. R. Kraetzer and Gray Williams, both of New York City, on the brief), for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff was a cotton commission house acting on behalf of a North Carolina mill, originally known as the Shelby Cloth Mills, later as the Cleveland Cloth Mills. The defendant used such fabrics in its business. The facts, as the jury might have found them, were as follows:

On November 25, 1925, one E. R. Valentine, a salesman of the plaintiff, made a written contract with the defendant for the delivery of such goods, and on December...

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