I. S. Joseph Company, Inc., Plaintff-Appellant v. Citrus Feed Company, Inc.

COLEMAN, Circuit Judge:

This is a diversity suit for breach of an alleged oral contract to deliver 10,000 tons of dried citrus pulp for use in the manufacture of pelletized cattle feed. The verdict of the jury was for the defendants, both as to the claim and as to a counterclaim. We affirm.

The plaintiff, I. S. Joseph Company, of Minneapolis, Minnesota, was in the business at Tampa, Florida, of making citrus pulp pellets for sale in foreign markets, particularly Europe. It purchased citrus pulp from various producers in Florida.

The defendant, Citrus Feed Company, with plants at several places…