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SIMMONS v. SWAN

No. 65.

275 U.S. 113 (1927)

48 S.Ct. 52

72 L.Ed. 190

SIMMONS v. SWAN.

Supreme Court of United States.

Decided November 21, 1927.

Attorney(s) appearing for the Case

Messrs. William J. Malone and Percy S. Bryant, with whom Mr. Morris S. Falk was on the brief, for petitioner.

Mr. Charles Fairhurst, with whom Mr. William A. Davenport was on the brief, for respondent.

Mr. JUSTICE HOLMES delivered the opinion of the Court.

This is an action brought by the petitioner for breach of a contract. At the trial the judge directed a verdict for the defendant and the judgment was affirmed by the Circuit Court of Appeals. 11 F.2d 267. A writ of certiorari was granted by this Court. 273 U.S. 675.

By the contract the defendant agreed to sell to the petitioner, the plaintiff, a pickle factory, its specified...

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