American Iron & Steel Mfg. Co. v. Midland Steel Co.

BAKER, District Judge.

Action by the plaintiff upon a memorandum of sale alleged to have been made by the defendant with J. H. Sternbergh & Son, which contract has been assigned to the plaintiff, for the recovery of damages for failure to deliver the personal property alleged to have been sold. The complaint is founded upon a memorandum, in writing as follows:

Philadelphia, February 24th, 1899.

Memorandum of Sale by Cabeen & Company.

To Messrs. X H. Sternbergh & Son, Acting as Selling Agents

Reading, Penna. . for Midland Steel Company,

Muncie, Indiana.

Received Mar. 3,

1899.

Midland Steel Co.

Seven…