Luria Brothers & Company, Inc. v. Rosenfeld

244 F.2d 192 LURIA BROTHERS & COMPANY, Inc., a corporation, Appellant, v. A. Victor ROSENFELD, Abe Rosenfeld, Maurice J. Rosenfeld, and Rose Rosenfeld, doing business as California Bag & Metal Co.; A. Rosenfeld & Sons, Inc., a corporation, Appellees. No. 15494. United States Court of Appeals Ninth Circuit. March 27, 1957. Koerner, Young, McColloch & Dezendorf, James Dezendorf, Joseph Larkin, Portland, Or., for appellant. Black, Kendall & Tremaine, Edward L. Fitzgibbon, Portland, Or., for appellees. Before STEPHENS and BARNES, Circuit Judges, and LINDBERG, District Judge. STEPHENS, Circuit Judge. 1 This is a motion to docket and dismiss the appeal. Appellant filed a complaint in the District Court against appellees for breach of a contract of sale and alternatively against The Western Union Telegraph Company for negligence in failing to deliver a telegraphic message. The action against appellees could only succeed if it were shown that appellees, as sellers, did not advise appellant that they were ready to ship the goods agreed to be sold under the contract. Appellees alleged that such a message was sent to appellant through the use of the facilities of The…