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GAMBOA, RODRIGUEZ, RIVERA & CO. v. IMPERIAL SUGAR CO.

No. 9995.

125 F.2d 970 (1942)

GAMBOA, RODRIGUEZ, RIVERA & CO., Inc., v. IMPERIAL SUGAR CO.

Circuit Court of Appeals, Fifth Circuit.

February 25, 1942.

Attorney(s) appearing for the Case

L. S. Julian, of Miami, Fla., and Alfred C. B. McNevin, of New York City, for appellant.

John P. Bullington, of Houston, Tex., and James A. Dixon, of Miami, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

In September, 1938, Imperial Sugar Company, through Lamborn & Company, Inc., as broker, entered into a written contract for the purchase of 10,000 long tons of Philippine centrifugal sugar from Gamboa, Rodriguez, Rivera & Co., Inc. The contract was styled, "Raw Sugar Contract. Philippines — Cost, Insurance and Freight", and provided for shipment of the sugar from the Philippine Islands in equal monthly installments of 1,000 tons...

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