PLANTERS' OIL MILL & GIN CO. v. A. K. BURROW CO.

No. 4515.

10 F.2d 312 (1925)

PLANTERS' OIL MILL & GIN CO. v. A. K. BURROW CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

December 30, 1925.


Attorney(s) appearing for the Case

Geo. J. Leftwich, of Aberdeen, Miss. (J. G. Smythe, of Kosciusko, Miss., and Leftwich & Tubb, of Aberdeen, Miss., on the brief), for plaintiff in error.

Wm. H. Watkins, of Jackson, Miss., and David Winston Houston, of Aberdeen, Miss. (D. W. Houston, Sr. & Jr., of Aberdeen, Miss., Watkins, Watkins & Eager, of Jackson, Miss., and King, Spaulding, Mc- Dougald & Sibley, of Atlanta, Ga., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This was an action by the plaintiff in error, herein called the seller, against the defendant in error, herein called the buyer, for the contract price of 310 bales of cotton seed linters, 300 of which were destroyed by fire while in the seller's warehouse on March 14, 1923, after the alleged delivery of them by the seller to the buyer. There was judgment in favor of the buyer, pursuant to a verdict which the court directed. That ruling and...

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