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HETTRICK MFG. CO. v. WAXAHACHIE COTTON MILLS

No. 3960.

1 F.2d 913 (1924)

HETTRICK MFG. CO. v. WAXAHACHIE COTTON MILLS.

Circuit Court of Appeals, Sixth Circuit.

October 7, 1924.

Attorney(s) appearing for the Case

George P. Hahn and John E. Daniells, both of Toledo, Ohio (Taber & Daniells and Brown, Hahn & Sanger, all of Toledo, Ohio, on the brief), for plaintiff in error.

Robert Newbegin and Charles T. Lewis, Jr., both of Toledo, Ohio (Howard Lewis and Doyle & Lewis, all of Toledo, Ohio, on the brief), for defendant in error.

Before DENISON and DONAHUE, Circuit Judges, and COCHRAN, District Judge.

COCHRAN, District Judge.

There is before us here a judgment for plaintiff, in an action to recover damages for breach of contract for the purchase of coarse cotton cloth, known as Osnaburgs, used in the manufacture of bags. It was tried to a jury. Each party, at the close of the evidence, moved for a directed verdict. The court overruled defendant's motion and sustained that of plaintiff. Thereupon a verdict was returned for $22,640.09, upon which the judgment complained...

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