Court of Appeals for the Second Circuit April 13, 1909, No. 201 (Columbia Malting Co. v. Church)

COXE, Circuit Judge.

The plaintiff below, as assignee of Michael Winter, brought this action to recover damages for the breach of a contract entered into between Winter and the defendant whereby the latter agreed to deliver to the former 25,000 bushels of malt.

The contract was evidenced by the following writings:

The Columbia Malting Company.

Chicago, Ill.

Memorándum of Sale.

Date Oct. 5th, 1906.