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SINASON TEICHER INTER AMERICAN GRAIN CORP. v. C. C. C.

No. 238, Docket 25418.

267 F.2d 493 (1959)

SINASON TEICHER INTER AMERICAN GRAIN CORP., Plaintiff-Appellant, v. COMMODITY CREDIT CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 20, 1959.

Rehearing Denied June 15, 1959.

Attorney(s) appearing for the Case

Lester Lyons, New York City (Milton S. Teicher and Charles A. Ellis, New York City, on the brief), for plaintiff-appellant.

Arthur V. Savage, Asst. U. S. Atty. for the Southern District of New York, New York City (Arthur H. Christy, U. S. Atty. for the Southern District of New York, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and EDELSTEIN, District Judge.

PER CURIAM.

We affirm the summary judgment granted to defendant, the Commodity Credit Corporation. Its contract for the sale of beans to plaintiff "for export" imposed on the buyer an obligation to export that was of the essence. The contract bristles with provisions, both general and specific, pointing up this purpose so sharply that it can be ignored only on pain of impalement. The fact that there are also provisions in the contract relating to sale "in store" at...

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