N. & G. Taylor Co. v. Anderson

' EVAN A. EVANS, Circuit Judge

(dissenting). Plaintiff is a corporation, organized to succeed and to take over the business of a copartnership operating under the same name, and which copartnership had, in November, 1916, entered into a contract with the defendant for the purchase of 1,200,000 gallons of oil at 5.05 cents per gallon, delivery dates being therein fixed. When the corporation copartnership agreement above referred to was made (January, 1917), defend*356ant had breached its contract, and thereafter continued to breach its agreement.

This action was brought within two years, with…