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HOROWITZ v. BUTLER MILL

No. 138.

62 F.2d 800 (1933)

HOROWITZ v. BUTLER MILL, Inc.

Circuit Court of Appeals, Second Circuit.

January 16, 1933.

Attorney(s) appearing for the Case

McKercher & Link, of New York City (George Link, Jr., of New York City, and William M. Butler, of New Bedford, Mass., of counsel), for defendant-appellant.

Isidore Lowenbraun, of New York City, for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an action at law to recover damages for a breach of contract. The complaint alleges that the plaintiff and defendant entered into an agreement for the sale by plaintiff to defendant of certain merchandise at the agreed price of $5,615.10, that, pursuant to the agreement, the plaintiff sold and delivered the merchandise, and that no part of the purchase price has been paid, though duly demanded. A copy of the agreement annexed...

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