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SAVANNAH SUGAR REFINERY v. RC CANADA DRY

593 S.W.2d 880 (1979)

SAVANNAH SUGAR REFINERY, DIVISION OF SAVANNAH FOODS AND INDUSTRIES, INC., Appellant, v. RC CANADA DRY BOTTLING COMPANY, DIVISION OF BEATRICE FOODS COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 2, 1979.

Discretionary Review Denied March 4, 1980.

Attorney(s) appearing for the Case

Robert L. Hallenberg, Fielden Woodward, Woodward, Hobson & Fulton, Louisville, for appellant.

Charles G. Middleton, III, Gerald Kirven, Louisville, for appellee.

Before GUDGEL, HOWARD, HOWERTON and PARK, JJ.

HOWERTON, Judge.

Savannah Sugar Refinery appeals from a judgment of the Jefferson Circuit Court awarding RC Canada Dry Bottling Company $16,119.74, and dismissing Savannah's counterclaim for $475,892.62. The allegations of error relate to the interpretation of a contract between the parties.

The price of sugar had been fairly stable prior to 1974. The parties had contracted to sell and buy sugar on four occasions. Each of the four contracts contained a provision...

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