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BREWING CORP. OF AMERICA v. CLEVELAND TRUST CO.

No. 11160.

185 F.2d 482 (1950)

BREWING CORP. OF AMERICA v. CLEVELAND TRUST CO. et al.

United States Court of Appeals Sixth Circuit.

December 15, 1950.

Attorney(s) appearing for the Case

George M. Austin and John Ladd Dean, Cleveland, Ohio, for appellant.

Mooney, Hahn, Loeser, Keough & Freedheim, John Ladd Dean, George M. Austin, Cleveland, Ohio, on the brief.

Maurice Hanning, Cleveland, Ohio, for appellees.

McAfee, Grossman, Taplan, Hanning, Newcomer & Hazlett, Maurice F. Hanning, H. Vincent E. Mitchell, Cleveland, Ohio, on the brief.

Douglas, Stark, Jett & Biechele, H. W. Hopf, Cleveland, Ohio, for Cleveland Trust Co.

Before HICKS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

On July 15, 1946, the plaintiff-appellant, Brewing Corporation of America, agreed to purchase approximately one million pounds of brewer's rice from defendant-appellee Otto Schalk, d.b.a. Worldwide Trading Company, on the following terms: $8.25 per cwt. f.o.b. cars Washington State shipping point, net sight draft with seller's invoices and railroad bills of lading attached, payable on presentation in Cleveland, Ohio. The rice was stored in a...

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