Setton v. Eberle-Albrecht Flour Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Action by Jacques Setton, doing business as Jacques Setton & Co., against the Eherle-Albrecht Flour Company, for breach of contract. Judgment for defendant on a directed verdict, and plaintiff brings error.
1Opinion of the Court
AMIDON, District Judge.
The plaintiff, Setton, a flour merchant of Alexandria, Egypt, brought this action against the defendant, the Eberle-Albrecht Flour Company, of St. Louis, Mo., for a breach of the following contract, dated July 11, 1914:
“We offer to buy of you 2,000 bags White Owl’ at 23/6 per 280 lbs. c. i. f. Alexandria, all August shipment.”
This offer was accepted by cable. The contract was wholly by correspondence and cable. The defendant failed to deliver the flour, as performance became difficult by the breaking out of the World War early in August. Probably the principal cause of…
2Cases cited10 opinions
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