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JONESBORO COMPRESS CO. v. MENTE & CO.

Nos. 9897, 9898.

72 F.2d 3 (1934)

JONESBORO COMPRESS CO. v. MENTE & CO., Inc. MENTE & CO., Inc., v. JONESBORO COMPRESS CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 14, 1934.

Attorney(s) appearing for the Case

W. R. Roddy, of Little Rock, Ark. (J. W. House, C. H. Moses, and W. H. Holmes, all of Little Rock, Ark., on the brief), for Mente & Co., Inc.

Shields M. Goodwin, of Little Rock, Ark. (S. M. Casey, of Batesville, Ark., and E. P. Mathes, of Jonesboro, Ark., on the brief), for Jonesboro Compress Co.

Before SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.

SANBORN, Circuit Judge.

The facts out of which this controversy arises are virtually undisputed. On April 1, 1926, the Jonesboro Compress Company (which will be referred to as the "buyer") agreed, in writing, to purchase from Mente & Co., Inc., as seller, "3 cars (about 30,000 lbs. each) Mente New Rewoven Patches about 3 lb. F. O. B. N. O. [New Orleans] at 7.91¢ per lb." The contract contained the following provisions:

(1) The goods "to be shipped...

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