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ARMOUR AND COMPANY v. CELIC

No. 374, Docket 26852.

294 F.2d 432 (1961)

ARMOUR AND COMPANY, Plaintiff-Appellant, v. Joseph P. CELIC, J. Dwight Reeve, John Bauer, Thomas White, Albert Topping (first name "Albert" being fictitious, true first name unknown to plaintiff), William A. Zeh, Robert W. Gillespie, Harold E. Goodale and Isadore P. Krupski, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 6, 1961.

Attorney(s) appearing for the Case

Otho S. Bowling, New York City (Bowling & Bowling, New York City, on the brief), for plaintiff-appellant.

Reginald C. Smith, Riverhead, N. Y. (Griffing, Smith, Tasker & Lundberg, Riverhead, N. Y., and Sol Gordon, Huntington Station, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.

STEEL, District Judge.

Plaintiff, Armour & Company, asserts that on February 1, 1956 it entered into a written contract with Suffolk Farmers Cooperative Association, Inc., of Jamesport, New York. The writing was designated at the top in large letters, "Contract of Limited Agency." It provided that plaintiff would consign to the Cooperative for sale, on commission and for the account of plaintiff, on prices and terms to be fixed by plaintiff, such quantities and...

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