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YAZOO SPOKE CO. v. MOORE DRY KILN CO.

No. 4414.

3 F.2d 937 (1925)

YAZOO SPOKE CO. et al. v. MOORE DRY KILN CO.

Circuit Court of Appeals, Fifth Circuit.

January 22, 1925.

Attorney(s) appearing for the Case

J. O. S. Sanders, of Jackson, Miss. (May, Sanders & McLaurin, of Jackson, Miss., on the brief), for plaintiff in error.

Robert H. Thompson and J. Harvey Thompson, both of Jackson, Miss., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

The plaintiff, Yazoo Spoke Company, purchased from the defendant, Moore Dry Kiln Company, a dry-kiln system for use in drying out hickory billets, designed for sale as spokes for automobile wheels. A large quantity of the billets were damaged, and it was a disputed question in the case whether the damage was occasioned by the failure of the plaintiff to follow defendant's instructions in operating the dry kiln, or whether the instructions given...

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