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BUFFALO MERCHANDISE WAREHOUSES v. UNITED STATES

No. 46616.

88 F.Supp. 276 (1950)

BUFFALO MERCHANDISE WAREHOUSES, Inc. v. UNITED STATES.

United States Court of Claims.

February 6, 1950.

Attorney(s) appearing for the Case

Mark N. Turner, Buffalo, N. Y., for the plaintiff. Brown, Kelly, Turner & Symons, Buffalo, N. Y., were on the brief.

John R. Franklin, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

MADDEN, Judge.

We have the following problem. The Government made a contract for the warehousing of its goods at a specified price per month. Its goods were frequently removed from the warehouse after having been in storage for only a fraction of a month, or for a period consisting of a fraction of a month plus one or more full months. The well recognized usage of the warehouse trade is that, in the absence of an agreement to the contrary, if goods are placed in storage...

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