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L. & N.R.R. v. CENTRAL IRON CO.

No. 198.

265 U.S. 59 (1924)

44 S.Ct. 441

68 L.Ed. 900

LOUISVILLE & NASHVILLE RAILROAD COMPANY v. CENTRAL IRON & COAL COMPANY.

Supreme Court of United States.

Decided May 5, 1924.

Attorney(s) appearing for the Case

Mr. Homer W. Davis, with whom Mr. Gardiner Lathrop and Mr. Edward S. Jouett were on the briefs, for plaintiff in error.

Mr. Henry A. Jones, with whom Mr. Allan C. Rearick, Mr. A.C. Travis, Mr. De Vane K. Jones and Mr. Adrian Van de Graaff were on the briefs, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

In January, 1917, the Central Iron & Coal Company sold Tutwiler & Brooks ten carloads of coke to be delivered f.o.b. cars at the seller's plant in Holt, Alabama. Before delivery by the seller, the purchasers sold the coke to the Great Western Smelters Corporation of Mayer, Arizona. Thereafter, under instructions from Tutwiler & Brooks, and upon their agreement...

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