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CHIESA, LOTTERO & CO. v. ANDREWS

No. 6185.

61 F.2d 572 (1932)

CHIESA, LOTTERO & CO. v. ANDREWS.

Circuit Court of Appeals, Sixth Circuit.

October 31, 1932.

Attorney(s) appearing for the Case

B. S. Oppenheimer, of Cincinnati, Ohio (Harmon, Colston, Goldsmith & Hoadly, of Cincinnati, Ohio, on the brief), for appellants.

W. B. Mente and Province M. Pogue, both of Cincinnati, Ohio (Oliver S. Bryant and Pogue, Hoffheimer & Pogue, all of Cincinnati, Ohio, on the brief), for appellees.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKENLOOPER, Circuit Judge.

November 19, 1925, appellants entered into a so-called contract with the bankrupt to supply the latter's requirements of the 1926 crop of Italian cherries in brine, sizes to be agreed upon, price to be the "market price and in line with any legitimate packer," etc. June 17, 1926, a telegram was sent to the bankrupt quoting the then prevailing prices and asking definite indication of the quantities and sizes which would be needed. This...

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