Towle v. Norbest Turkey Growers Association

275 F.2d 196 George J. TOWLE and Fred George, individually and as copartners doing business as Towle-George Turkey Log Company, also known as Towle Food Products Co., a partnership, Appellants, v. NORBEST TURKEY GROWERS ASSOCIATION, a corporation, Appellee. No. 16317. United States Court of Appeals Ninth Circuit. February 9, 1960. Carl Hoppe, James F. Mitchell, San Francisco, Cal., Edgar B. Stewart, Howard H. Bell, Oakland, Cal., for appellants. Thelen, Marrin, Johnson & Bridges, Edward J. Ruff, Ira A. Brown, Jr., San Francisco, Cal., Harry D. Pugsley, Salt Lake City, Utah, for appellee. Before HAMLIN, MAGRUDER and KOELSCH, Circuit Judges. HAMLIN, Circuit Judge. 1 On or about May 25, 1954, appellant Towle-George Turkey Log Company, a partnership, agreed to buy 190,000 pounds of a food product known as turkey log from appellee Norbest Turkey Growers Association at 99 cents a pound. Appellant agreed to pay Norbest for the turkey logs as they were withdrawn from storage, and to pay for the entire amount by August 1, 1954. After 100,000 pounds had been withdrawn and paid for by the partnership, Norbest was to issue the partnership a credit of four cents a pound on said 100,000…