BOWER-GEIBEL WHOLESALE CO. v. SEARS-ROEBUCK & CO.

No. 3676.

69 F.Supp. 158 (1946)

BOWER-GEIBEL WHOLESALE CO. et al. v. SEARS-ROEBUCK & CO.

District Court, S. D. California, Central Division.

February 24, 1946.


Attorney(s) appearing for the Case

Jerome D. Rolston, of Hollywood, Cal., for plaintiff.

John L. Wheeler, of Los Angeles, Cal., for defendant.


YANKWICH, District Judge (after stating the facts as above).

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

Judgment is ordered for the defendant on its counterclaim in a sum to be computed by counsel, and which is to be the difference between the price paid, — fifty cents per pound — and the value of the rejected candy to the defendant and counterclaimant, — namely, sixty-nine cents per pound...

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