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CALIFORNIA CONSERVING CO. v. D'AVANZO

No. 85.

62 F.2d 528 (1933)

CALIFORNIA CONSERVING CO. v. D'AVANZO.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

John M. Chapnick, of New Haven, Conn., for appellant.

Raymond P. Dellinger, of Boston, Mass., for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

D'Avanzo, the bankrupt, owned a wholesale grocery business in New Haven and on July twenty-seventh, 1929, bought of the petitioner six hundred cases of tomato paste at ten dollars a case. The sale was f. o. b., dock at San Francisco; the terms, "90 days trade acceptance from date of shipment from California against regular 2% sight drafts with documents attached." On November sixth, the petitioner shipped...

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