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SCHMINKE MILLING CO. v. DIAMOND BROS.

No. 11235.

99 F.2d 467 (1938)

SCHMINKE MILLING CO. v. DIAMOND BROS. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 14, 1938.

Attorney(s) appearing for the Case

Allan A. Herrick and Richard F. Boyer, both of Des Moines, Iowa (McMartin, Herrick, Sloan & Langdon, of Des Moines, Iowa, on the brief), for appellant.

L. J. Cohrt, of Waterloo, Iowa (B. F. Swisher, of Waterloo, Iowa, on the brief), for appellees.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

This is an action brought by appellant as plaintiff to recover liquidated damages on account of the alleged unwarranted cancellation of a contract. It will be convenient to refer to the parties as they appeared in the lower court.

Plaintiff entered into a written contract with the defendant Diamond Brothers, by which it agreed to sell, and the defendant agreed to buy, 5,040 barrels of flour at $5.95 per barrel. In this contract, Schminke...

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