Grainger Bros. v. G. Amsinck & Co.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
PHILLIPS, District Judge'.
The above causes grow out of alleged breaches of contracts to sell sugar. They were argued and submitted together and .may be disposed of conveniently in one opinion.
I. Cause No. 7200.
On April 26, 1920, Amsinek & Co. entered into a written contract with Grainger Brothers Company, for the sale to the latter of 250 tons of “white granulated sugar at 21 cents per pound, * * * f. o. b. San Francisco.” The sugar was to be shipped from Java. At the time the contract was entered into the subject-matter of the sale had not been ascertained. The contract provided that…
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