FINBERG TRADING COMPANY v. REPUBLIC OF CHINA

No. 15287.

220 F.2d 844 (1955)

FINBERG TRADING COMPANY, a partnership composed of George A. Finberg and Francis A. Finberg, Appellant, v. The REPUBLIC OF CHINA, Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1955.


Attorney(s) appearing for the Case

Corenbleth & Jaffe, Dallas, Tex., Emil Corenbleth, Dallas, Tex., for appellant.

Royal H. Brin, Jr., Dallas, Tex., Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., of counsel, for appellee.

Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.


HOLMES, Circuit Judge.

The appellant contracted in writing to sell to the appellee 3800 bales of cotton, and to deliver same on board a ship, consigned to appellee in Formosa. Only 3000 bales were actually delivered, and this suit was instituted by appellee against appellant to recover the difference between the contract price and the price of cotton purchased in the open market to replace the cotton not delivered. In May, 1953, the appellee learned that the shipments...

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