CHAS. STOLPER COOPERAGE CO. v. MILLER HARDWOOD CO.

No. 5918.

90 F.2d 173 (1937)

CHAS. STOLPER COOPERAGE CO. v. MILLER HARDWOOD CO., Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 19, 1937.


This action is one for damages caused by appellant's alleged breach of its contract. The sale of a large number (225,000) of barrel staves was the subject of the agreement. The defenses are numerous. Among them are: (a) The agreement relied upon was unilateral and therefore not binding; (b) appellee had no corporate existence when the contract was made; (c) there was lack of authority on the part of appellant's representative to make the agreement; (d) appellee first breached...

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