Wesco Foods Co. v. De Mase

GOODRICH, Circuit Judge.

This is a suit to recover damages occasioned by the refusal of the defendants to- accept and pay for a carload of tomatoes which they had purchased from the plaintiff. The plaintiff had a verdict in the District Court for the difference between the contract price of the tomatoes and what they brought when sold to another purchaser after the shipment was refused by the buyer. There are only two questions -in the case which call for discussion and that discussion may be brief. The District judge thoroughly considered it, understood the problems involved and passed on…