DUPLEX MILL & MANUFACTURING COMPANY v. GROSS

No. 11219.

187 F.2d 487 (1951)

DUPLEX MILL & MANUFACTURING COMPANY, Springfield, Ohio, Appellant, v. B. J. GROSS, dba Gross Feed Store, Bonham, Texas, Appellee.

United States Court of Appeals Sixth Circuit.

February 9, 1951.


Attorney(s) appearing for the Case

John M. Cole, Fred M. Cole, and George W. Cole, all of Springfield, Ohio, for appellant.

Buster Cole, Bonham, Tex., Corry, Durfey, Martin & Browne, and Bitner Browne, all of Springfield, Ohio, for appellee.

Before SIMONS, MARTIN and MILLER, Circuit Judges.


PER CURIAM.

This appeal was heard on the record, briefs and argument of counsel for respective parties;

And it appearing that there was substantial evidence on behalf of the appellee of the cost of 19,798 bushels of ear corn, purchased and then resold by him without shelling by reason of appellant's breach of contract, namely $1.95 per bushel, and the cost to appellee of 15 cents per bushel to shell corn so purchased, and a firm unlimited market sales price...

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