CONSUMERS' MUT. OIL CO. v. SCHAFF

No. 4621.

59 F.2d 730 (1932)

CONSUMERS' MUT. OIL CO. v. SCHAFF.

Circuit Court of Appeals, Seventh Circuit.

June 22, 1932.


Attorney(s) appearing for the Case

R. H. McBride, of Chicago, Ill., John F. Finerty, of Washington, D. C., and Frederic Ullmann, of Chicago, Ill., for appellant.

Meyer Morton, William Sherman Hay, and Erwin W. Roemer, all of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


ALSCHULER, Circuit Judge.

Appellant's declaration charged breach by the railway carrier of its contract with appellee to supply, at specific times and place, a definite number of tank cars for shipment by appellant of crude oil from Norfolk, Okl., to Blue Island, Ill. Appellee elected to stand by its demurrer to the declaration, which the court had sustained, and the judgment here assailed was accordingly rendered.

The single proposition involved is well stated...

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