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B. N. S. INTERNATIONAL SALES CORP. v. PETER ECKRICH & SONS, INC.

No. 13957.

315 F.2d 296 (1963)

B. N. S. INTERNATIONAL SALES CORPORATION, Plaintiff-Appellant, v. PETER ECKRICH & SONS, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 28, 1963.

Attorney(s) appearing for the Case

Clyde E. Shorey, Jr., Clyde E. Shorey, Chicago, Ill., Herbert Rubin, New York City, Shorey, Shorey & Floberg, Chicago, Ill., for appellant.

Hamilton Smith, Chicago, Ill., for appellee Peter Eckrich & Sons, Inc., McDermott, Will & Emery, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff, B. N. S. International Sales Corporation, who is engaged in the business of importing and exporting foods, with its office in New York City, brought this action to recover damages occasioned by alleged breach of contract by defendant, Peter Eckrich & Sons, Inc., a sausage manufacturer, with its home office in Fort Wayne, Indiana, who refused to accept delivery of 300 long tons of cow meat.

The evidence indicates that Edgar...

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