Fosburgh v. California & Hawaiian Sugar Refining Co.

(after stating the facts as above). Motion was presented at the hearing to dismiss the appeal, on the ground that, subsequent to the entry of the decree in the District Court, the sugar company had drawn against the letters of credit for the purchase price of the sugar, and that the draft had been duly honored and paid. As, however, the motion does not seem to be strenuously *31insisted upon, we waive it, and proceed to a decision upon the merits of the cause.

Substantially but one question is presented for consideration, which is whether, by reason of the presence of clauses 6 and 7, the…