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RANDOLPH GROCERY CO. v. LAMBORN

No. 2292.

3 F.2d 139 (1924)

RANDOLPH GROCERY CO. v. LAMBORN et al.

Circuit Court of Appeals, Fourth Circuit.

December 20, 1924.

Attorney(s) appearing for the Case

S. S. Alderman, of Greensboro, N. C. (W. P. Bynum and F. P. Hobgood, Jr., both of Greensboro, N. C., and H. M. Robins, of Ashboro, N. C., on the brief), for plaintiff in error.

John M. Robinson, of Charlotte, N. C. (Hitch, Denmark & Lovett, of Savannah, Ga., and Cansler & Cansler, of Charlotte, N. C., on the brief), for defendants in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

ROSE, Circuit Judge.

The defendants in error, trading as Lamborn & Co., were plaintiffs below, and the plaintiff in error was the defendant. It will tend to clearness if they be designated by the positions they occupied in the trial court.

The plaintiffs sued to recover upon a contract dated June 4, 1920, by which they sold to the defendant and the defendant bought from them 85 barrels of standard fine granulated sugar on the basis of 26 cents per pound...

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