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ADAMS-MITCHELL CO. v. CAMBRIDGE DISTRIBUTING CO.

No. 96, Docket 21810.

189 F.2d 913 (1951)

ADAMS-MITCHELL CO. v. CAMBRIDGE DISTRIBUTING CO., Limited.

United States Court of Appeals, Second Circuit.

Decided May 31, 1951.

Attorney(s) appearing for the Case

Dills, Muecke & Schelker, New York City, for plaintiff-appellee; Walter G. Schelker, Jr., New York City, counsel.

Clarence P. Greer, New York City, for defendant-appellant; I. Maurice Wormser, New York City, counsel.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff, Adams Mitchell Co., a wholesaler of liquor in the Boston area, brought an action in the United States District Court to rescind an oral contract for the purchase by it of 1100 cases of "Auld Malcolm" Scotch type whiskey at $16.92 a case from the defendant Cambridge Distributing Co., Ltd., which had the exclusive distribution of "Auld Malcolm" in Massachusetts. One thousand and sixty cases remained unsold at the time...

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