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LEVY-WARD GROCER CO. v. LAMBORN

No. 5024.

69 F.2d 723 (1934)

LEVY-WARD GROCER CO. v. LAMBORN et al.

Circuit Court of Appeals, Seventh Circuit.

March 16, 1934.

Attorney(s) appearing for the Case

Louis M. Hammerschmidt, Walter R. Arnold, and Milton A. Johnson, all of South Bend, Ind., for appellant.

A. C. B. McNevin, of New York City, and Samuel D. Miller, Sidney S. Miller, and George R. Jeffrey, all of Indianapolis, Ind. (S. B. Pettengill, of South Bend, Ind., of counsel), for appellees.

Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.

FITZHENRY, Circuit Judge.

Appellant appeals to reverse a judgment of the District Court against it in an action by appellees to recover for the breach of a contract of purchase of 600 bags of sugar.

Appellant is in the wholesale grocery business at South Bend, Ind., while appellees are sugar brokers and refiners, with their principal offices in New York.

On or about April 29, 1920, appellant, by its president, signed an order memorandum for the purchase...

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