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AMERICAN CYANAMID CO. v. WILSON & TOOMER FERTILIZER CO.

No. 6611.

62 F.2d 1018 (1933)

AMERICAN CYANAMID CO. v. WILSON & TOOMER FERTILIZER CO.

Circuit Court of Appeals, Fifth Circuit.

January 26, 1933.

Attorney(s) appearing for the Case

Thos. B. Adams, of Jacksonville, Fla., and Charles Caldwell, of New York City, for appellant.

Robert R. Milam and George C. Bedell, both of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Wilson & Toomer Fertilizer Company on August 22, 1924, sued American Cyanamid Company at law to recover overcharges beginning in 1918 on a written contract for the sale of phosphate rock made with Amalgamated Phosphate Company, claiming that the Cyanamid Company had become bound by adoption, or by estoppel to deny adoption, of the Amalgamated Company's contract. On the first trial the verdict was directed for the Cyanamid Company, and the...

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