Diversified Metals Corp. v. Aaron Ferer & Sons, Inc.

STOCKARD, Commissioner.

Prior to January 1, 1972, plaintiff filed its notice of appeal from an adverse judg ment entered pursuant to jury verdict in its suit for more than $65,000 for breach of a contract of bailment.

In September 1968, appellant delivered to respondent at its warehouse in East St. Louis, Missouri, approximately one million pounds of copper and received negotiable warehouse receipts therefor. Subsequently, appellant demanded return of its copper, but respondent delivered 143,211 pounds less than it received. The reason for the nondelivery was that on October 5 or 6, 1968,…