Franklin Sugar Refining Co. v. Luray Supply Co.

WADDILL, Circuit Judge.

Plaintiff in error, hereinafter referred to as plaintiff, instituted its action at law in tbe United States District Court for the Western District of Virginia against tbe defendant in error, hereinafter called tbe defendant, to recover for an alleged breach of five certain contracts entered into between them for future delivery of sugar, as therein set out. Tbe declaration consisted of five counts, each covering one of tbe contracts. At tbe November term, 1923, a verdict was rendered in favor of tbe plaintiff against tbe defendant upon tbe first- four counts, and in…