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BARTLETT & COMPANY, GRAIN v. MERCHANTS COMPANY

No. 20210.

323 F.2d 501 (1963)

BARTLETT & COMPANY, GRAIN, Appellant, v. The MERCHANTS COMPANY, Appellee. The MERCHANTS COMPANY, Appellant, v. BARTLETT & COMPANY, GRAIN, Appellee.

United States Court of Appeals Fifth Circuit.

October 3, 1963.

Attorney(s) appearing for the Case

William E. Suddath, Jr., Jackson, Miss., Henry G. Eager, Charles B. Blackmar, Kansas City, Mo., William E. Suddath, Jr., Jackson, Miss., Watkins & Eager, Jackson, Miss., Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., of counsel, for appellant.

Billy H. Quin, Vicksburg, Miss., Brunini, Everett, Grantham & Quin, Vicksburg and Jackson, Miss., of counsel, for appellee.

Before CAMERON and WISDOM, Circuit Judges, and DeVANE, District Judge.

WISDOM, Circuit Judge.

This action is for breach of contract. The subject of the contract is a barge load of corn which, according to official inspection certificates, was one grade when shipped and two very different grades when it reached its destination. As we see it, the case turns on the construction of a contract which contains two apparently inconsistent provisions. The overall issue is whether the loss should fall on the purchaser or the seller. The district...

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