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STOCKTON COMMISSION CO. v. NARRAGANSETT COTTON MILLS

No. 1735.

11 F.2d 618 (1926)

STOCKTON COMMISSION CO., Inc., v. NARRAGANSETT COTTON MILLS, Inc.

District Court, D. Rhode Island.

March 23, 1926.

Attorney(s) appearing for the Case

Claude R. Branch and William H. Edwards, II, both of Providence, R. I., for plaintiff.

Arthur Cushing and George Hurley, both of Providence, R. I., for defendant.

BROWN, District Judge.

As the written instruments, Exhibits A and B, are expressly made part of the plaintiffs declaration, their terms must prevail over any statement in the declaration that is inconsistent with the true construction of these documents. Howe v. Larkin (C. C.) 119 F. 1005; Jobbins v. Kendall Mfg. Co., 196 F. 216 (decisions in this district). See, also, Vital et al. v. Kerr (C. C. A.) 297 F. 959, 962.

Exhibit A shows proposals, but these in...

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