F. L. BEHLING CO. v. UNITED STATES

No. 49463.

109 F.Supp. 263 (1953)

F. L. BEHLING CO. v. UNITED STATES.

United States Court of Claims.

January 13, 1953.


Attorney(s) appearing for the Case

Philip B. Vogel, Fargo, N. D., for plaintiff.

Wilson Myers, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


JONES, Chief Judge.

This suit involves an alleged shortage in the potatoes that were shipped to defendant under a contract of sale.

On September 26, 1947, plaintiff contracted to deliver to the defendant 640,000 pounds of seed potatoes at a unit price of $3.75 per hundred pounds.

The contract stipulated that the plaintiff should be responsible for the articles shipped until they should be delivered at the designated point.

The potatoes in question...

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