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BERCUT v. PARK, BENZIGER & CO.

No. 10823.

150 F.2d 731 (1945)

BERCUT et al. v. PARK, BENZIGER & CO., Inc. PARK, BENZIGER & CO., Inc. v. BERCUT et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 29, 1945.

Attorney(s) appearing for the Case

Alfred F. Breslauer, M. Mitchell Bourquin, and George Olshausen, all of San Francisco, Cal., and Thelma S. Herzig, of Los Angeles, Cal., for plaintiff.

George M. Naus and Louis H. Brownstone, both of San Francisco, Cal., for defendants.

Before DENMAN, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

In January 1943 Pierre and Jean Bercut (appellants) contracted to sell to one Serge Hermann 60,000 cases of wine, deliveries to be made at monthly intervals over a period of three years. The contract was made and was to be performed in California. Hermann assigned the contract to appellee Park, Benziger & Company, herein for brevity sometimes called the buyer. In April 1943, before deliveries commenced, the Bercuts announced that they would...

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