Court of Appeals for the Second Circuit January 5, 1925, No. 123 (Heiskell v. Furness, Withy & Co.)

HOUGH, Circuit Judge

(after stating the facts as above). The main purpose of this action was to recover special damages for the loss of Brode’s sale of peanut meal in England; and much time has been devoted to showing that such damage was recoverable.

*978But that question is not reached until plaintiff has shown a bx*each of contract on defendant’s part giving rise to any damage claim at all.