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LESTER PIANO CO. v. ESCANABA VENEER CO.

No. 4438.

46 F.2d 27 (1930)

LESTER PIANO CO. v. ESCANABA VENEER CO.

Circuit Court of Appeals, Third Circuit.

December 16, 1930.

Attorney(s) appearing for the Case

W. A. Hamilton and Francis Chapman, both of Philadelphia, Pa., for appellant.

Edward P. Geuther and James L. Baxter, both of Philadelphia, Pa., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and KIRKPATRICK, District Judge.

WOOLLEY, Circuit Judge.

On October 31, 1927, the plaintiff, a manufacturer of veneers, entered into a written contract with the defendant piano company wherein the former engaged to cut and deliver and the latter to accept and pay for a named quantity of maple veneer in specified shapes, at a time or times provided by this sentence: "SHIPMENT MUST BE MADE NOT LATER THAN To be taken in as we need it."

The piano company was slow in giving shipping instructions...

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