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TEXAS CO. v. BRILLIANT MFG. CO.

No. 3129.

2 F.2d 1 (1924)

TEXAS CO. v. BRILLIANT MFG. CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied December 1, 1924.

Attorney(s) appearing for the Case

T. K. Schmuck, of New York City, and Albert Smith Faught, of Philadelphia, Pa., for plaintiff in error.

Murdoch Kendrick and Bell, Kendrick, Trinkle & Deeter, all of Philadelphia, Pa., for defendant in error.

Before WOOLLEY and DAVIS, Circuit Judges, and MORRIS, District Judge.

DAVIS, Circuit Judge.

The Brilliant Manufacturing Company, hereinafter called plaintiff, and the Texas Company, entered into three contracts, whereby the plaintiff was to manufacture for defendant certain advertising signs which were "42 inches in diameter, double faced, porcelain enamel." The first was dated May 20, 1922, and was for 2,000 signs and brackets; the second was dated December 18, 1922, and was for 2,075 signs and brackets; the third was dated January...

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