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STAMFORD EXTRACT MFG. CO. v. OAKES MFG. CO.

No. 299.

9 F.2d 301 (1925)

STAMFORD EXTRACT MFG. CO. v. OAKES MFG. CO.

Circuit Court of Appeals, Second Circuit.

June 8, 1925.

Attorney(s) appearing for the Case

Herman Goldman, of New York City (Elkan Turk, of New York City, and Harry G. Liese, of Brooklyn, N. Y., of counsel), for plaintiff in error.

Watson, Harrington & Sheppard, of New York City (Archibald R. Watson, Ralph O. Willguss and Raymond D. Thurber, all of New York City, of counsel), for defendant in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge.

This was an action at law for goods sold and delivered. The answer denied the sale and the plaintiff's title, and set up five counterclaims, among them one upon the breach of a contract of sale because of the plaintiff's default, demanding a return of part of certain sums paid on account and damages. At the conclusion of the plaintiff's evidence the court dismissed the complaint, and eventually took a verdict on the counterclaim.

The contract...

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