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SHANFEROKE COAL & SUPPLY CORP. v. WESTCHESTER S. CORP.

No. 370.

70 F.2d 297 (1934)

SHANFEROKE COAL & SUPPLY CORPORATION OF DELAWARE v. WESTCHESTER SERVICE CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 16, 1934.

Attorney(s) appearing for the Case

Ehrich, Royall, Wheeler & Walter, of New York City (Ernest E. Wheeler, of New York City, of counsel), for appellant.

Moos, Nathan, Imbrey & Levine, of New York City (Alfred B. Nathan and Benjamin Lewis, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The plaintiff, a citizen of Delaware, sued the defendant, a citizen of New York, in the District Court, alleging that the plaintiff was the sole selling agent for the Hudson Coal Company; and that in January, 1931, the defendant promised to buy, and the plaintiff to sell, 75,000 tons of Hudson Company coal spread over five years "in as nearly equal monthly installments as practicable." That since December 1, 1931, the defendant had refused...

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