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CAMPBELL SOUP CO. v. WENTZ

Nos. 9648, 9649.

172 F.2d 80 (1948)

CAMPBELL SOUP CO. v. WENTZ et al. CAMPBELL SOUP CO. v. LOJESKI.

United States Court of Appeals Third Circuit.

Decided December 23, 1948.

Rehearing Denied January 14, 1949.

Attorney(s) appearing for the Case

Charles A. Wolfe, of Philadelphia, Pa. (Sidney L. Wickenhaver and Montgomery, McCracken, Walker & Rhoads, all of Philadelphia Pa., on the brief), for appellant.

Richardson Dilworth, of Philadelphia, Pa. (David B. Zoob, William L. Matz, Zoob & Matz, Harold E. Kohn, James A. Sutton and Paxson, Kalish, Dilworth & Green all of Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and GOODRICH and O'CONNELL, Circuit Judges.

GOODRICH, Circuit Judge.

These are appeals from judgments of the District Court denying equitable relief to the buyer under a contract for the sale of carrots. The defendants in No. 9648 are the contract sellers. The defendant in No. 9649 is the second purchaser of part of the carrots which are the subject matter of the contract.

The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey...

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