Four Star Comics Corp. v. Kable News Co. (327 F.2d 287, 1963)

PER CURIAM:

On a previous appeal we disagreed with the original trial court’s interpretation of magazine distribution contracts between publishers (Four Star and Ajax) and the distributor (Kable) to the effect that the distributor was entitled to a deduction for all magazines returned to the distributor. We held that the contract in issue contemplated a scheme of distribution along the following steps:

1. Shipment by publisher to Kable’s wholesaler; then

2. Debit of Kable’s account of 5f per magazine shipped; then

3. (a) Either sale by wholesaler to retailer to public, in which case Kable’s duty to pay 5