NATIONAL DAIRYMEN ASS'N v. DEAN MILK CO.

No. 10025.

183 F.2d 349 (1950)

NATIONAL DAIRYMEN ASS'N, Inc. v. DEAN MILK CO.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 10, 1950.


Attorney(s) appearing for the Case

Fred A. Gariepy, Chicago, Ill. (John Spalding, Chicago, Illinois, of counsel), for appellant.

George W. Lennon, Chicago, Ill., Jay Stough, Daniel M. Schuyler, Chicago, Ill., for appellee.

Before KERNER, FINNEGAN and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

The principal question presented on this appeal is whether a series of written communications between the parties resulted in the formation of a contract and an anticipatory breach thereof by the defendant. The District Court concluded that a valid contract had been entered into; that since no time for performance had been specified, performance was to be within a reasonable time; and that a reasonable time had not yet elapsed when the defendant...

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