Court of Appeals for the Second Circuit January 7, 1908, No. 117 (National Trading Co. v. Vulcanite Portland Cement Co.)

NOYES, Circuit Judge.

The complaint charges breach of contract. It alleges, in substance, that the parties entered into a written agreement for the purchase and sale of cement as stated in three exhibits annexed to and made a part of tlie complaint, and that the defendant failed to perform its part of such agreement.