Court of Appeals for the Tenth Circuit June 15, 1939, No. 1809 (Moundridge Milling Co. v. Cream of Wheat Corp.)

PHILLIPS, Circuit Judge.

Under a contract1 dated January 30, 1935, the Moundridge Milling Company2 sold and agreed to deliver to the Cream of Wheat Corporation3 3000 barrels of purified middlings at the price of $6.40 per barrel. The contract contained the tax clause set out in note4.