COLONIAL DRUG & SALES CO. v. WESTERN PRODUCTS CO.

No. 483.

54 F.2d 216 (1931)

COLONIAL DRUG & SALES CO. v. WESTERN PRODUCTS CO.

Circuit Court of Appeals, Tenth Circuit.

December 11, 1931.


Attorney(s) appearing for the Case

Robt. D. Charlton, of Denver, Colo., for appellant.

Hudson Moore, of Denver, Colo. (Wilbur F. Denious and Dayton Denious, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


PHILLIPS, Circuit Judge.

The Colonial Drug & Sales Company brought this action against the Western Products Company to recover damages for breach of contract. The portions of such contract material to this inquiry are set forth in marginal note 1.

The amended complaint alleged that plaintiff and defendant are corporations organized under the laws of Colorado; that defendant was engaged in the manufacture of near beer; that in the process of such manufacture...

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