AUSTIN v. PAC. COAST CO.


278 A.D. 640 (1951)

Clem C. Austin, Suing on Behalf of Himself and All Other Stockholders of Pacific Coast Cement Corporation, Similarly Situated, Respondent, v. Pacific Coast Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1951.


Per Curiam.

The freight contract for transportation of lime rock at ninety cents per ton from Alaska to Seattle, Washington, of which respondent complains, providing for adjustments with respect to fuel and labor costs and containing a minimum guaranty of 175,000 tons, has been found, upon sufficient evidence, to have been fair and advantageous when entered into in 1928 between Pacific Coast Cement Company — hereinafter referred to as "Cement" —...

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