Edward Maurer Co. v. Tubeless Tire Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern-Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by the Edward Maurer Company, Inc., against the Tubeless Tire Company. Judgment for defendant, and plaintiff brings-error.
1Opinion of the Court
DONAHUE, Circuit Judge.
The Edward Maurer Company, Inc.*, brought action in the District Court against the Tubeless Tire Company to recover damages for breach of two contracts. By the first of these contracts, dated “New York, May 3, 1918,” the plaintiff agreed to sell and the defendant agreed to buy 40 tons of rubber at 62 cents' ■ a pound, “delivery and or arrival here in equal monthly quantities May, June, July, August, September, October, November, December, 1918.” It also expressly provided that this contract would be subject to all rules and regulations imposed by the United States…
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