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SMALL CO. v. AM. SUGAR REF. CO.

No. 101.

267 U.S. 233 (1925)

45 S.Ct. 295

69 L.Ed. 589

A.B. SMALL COMPANY v. AMERICAN SUGAR REFINING COMPANY.

Supreme Court of United States.

Decided March 2, 1925.

Attorney(s) appearing for the Case

Mr. Edgar Watkins, with whom Mr. Frederick T. Saussy, Mr. Mac Asbill and Mr. Horace Russell were on the brief, for plaintiff in error.

Mr. Orville A. Park, with whom Mr. J.F. Abbott and Mr. Ralph Crews were on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This was an action to recover for the breach of two contracts for the sale by a sugar refiner to a wholesale dealer of 35,000 pounds of refined sugar — the breach consisting in the buyer's refusal to accept the sugar when delivered. The plaintiff secured a verdict and judgment in the District Court; and the defendant prosecutes this direct writ of error, a constitutional question, among others, being...

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