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Legal Opinion

Western Grocer Co. v. New York Oversea Co.

District Court, N.D. California

Decided October 12, 1928No. 16944PublishedCited by 2 opinions

1Opinion of the Court

KERRIGAN, District Judge.

This is an action for breach of contract by the buyer against the seller of certain sugar. The contract was entered into in May, 1920. The material terms are as follows:

“Quantity: (About) eight hundred (800) tons (each 2,240 pounds).
“Shipment: Java, during July, 1920.
“Price: $21.75 per hundred pounds, duty paid e. i. f. San Francisco.
“Payment: Net cash in San Francisco against seller’s sight draft, with attached documents, consisting of bills of lading, Java weight certificates, and invoice. Upon consummation of sale, buyer to furnish in San Francisco irrevocable…

2Cases cited5 opinions

  1. Gerli v. Poidebard Silk Manufacturing Co.Supreme Court of New Jersey · 1894
  2. Mente v. De Witt Rice Mill Co.Court of Appeals for the Eighth Circuit · 1918
  3. Petersen v. Wellsville CityCourt of Appeals for the Eighth Circuit · 1926
  4. Wells Fargo Nevada Nat. Bank of San Francisco v. Corn Exchange Nat. BankCourt of Appeals for the Seventh Circuit · 1927
  5. New York Oversea Co. v. Warfield-Pratt-Howell Co.California Court of Appeal · 1925

3Cited by2 opinions

  1. Resource Recovery Corporation v. Inductance Energy CorporationDistrict Court, D. Arizona · 2020
  2. United States Marshals Service v. MeansCourt of Appeals for the Eighth Circuit · 1984

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