WELLS FARGO BUSINESS CREDIT v. BEN KOZLOFF, INC.

No. 81-1452.

695 F.2d 940 (1983)

WELLS FARGO BUSINESS CREDIT, Plaintiff-Appellant, v. BEN KOZLOFF, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 18, 1983.


Attorney(s) appearing for the Case

George F. McElreath, Vernon O. Teofan, Dallas, Tex., for plaintiff-appellant.

R.J. True, Jerry T. Steed, Dallas, Tex., for defendant-appellee.

Before BROWN, RUBIN and REAVLEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 18, 1983.

JOHN R. BROWN, Circuit Judge:

Wells Fargo Business Credit (Wells Fargo), a commercial lending institution, brought suit to recover payment of amounts wrongfully offset in breach of a no-offset agreement with Ben Kozloff, Inc. (Kozloff), for the accounts of Williamson Companies, Inc. (Williamson). Because we find that Greg Williamson was not an agent for Wells Fargo to receive a rescission of the no...

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