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BURROWS & KENYON, INC. v. WARREN

No. 1870.

9 F.2d 1 (1925)

BURROWS & KENYON, Inc., v. WARREN.

Circuit Court of Appeals, First Circuit.

December 7, 1925.

Attorney(s) appearing for the Case

Charles E. Tilley and Ralph M. Greenlaw, both of Providence, R. I. (Ralph M. Greenlaw and Greenlaw, Tilley & Tetlow, all of Providence, R. I., on the brief), for plaintiff in error.

Harold L. Perrin, of Boston, Mass. (Perrin, Robbins & Babb, of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This is an action for breach of a contract for the purchase of lumber, brought by Lingan A. Warren of Jacksonville, Fla. (herein called the seller), against Burrows & Kenyon, Inc., of Providence, R. I. (herein called the buyer). The seller had a verdict for $4,809.38. The existence and terms of the contract are not in dispute.

But the buyer insists that the seller was himself in default; that he never made a legally sufficient...

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