AIKEN MILLS v. BOSS MFG. CO.

No. 434.

65 F.2d 344 (1933)

AIKEN MILLS, Inc., v. BOSS MFG. CO.

Circuit Court of Appeals, Second Circuit.

June 5, 1933.


Attorney(s) appearing for the Case

H. A. Cushing, of New York City (Frederick N. Van Zandt, of New York City, and Cooke, Sullivan & Ricks, of Chicago, Ill., of counsel), for appellant.

Stroock & Stroock, of New York City (Kenneth M. Spence, of New York City, Thornton Alexander, of Boston, Mass., and George Rosier, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff sued the defendant at law for the price of certain parcels of Canton flannels manufactured by it and in its warehouses. The complaint alleged as a first cause of action that part of the goods had been delivered. As a second it alleged that the contract of sale intended to cover a specific lot of goods in a deliverable state stored at the plaintiff's mills when the contract was made, and that the goods had been set apart and marked...

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