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MERITAS MILLS v. HERCULES CLOTHING CO.

No. 4600.

13 F.2d 627 (1926)

MERITAS MILLS v. HERCULES CLOTHING CO.

Circuit Court of Appeals, Sixth Circuit.

July 8, 1926.

Attorney(s) appearing for the Case

Fred C. Rector, of Columbus, Ohio (Waters, Andress, Southworth, Wise & Maxon, of Akron, Ohio, and Wilson & Rector and Richard T. Rector, all of Columbus, Ohio, on the brief), for plaintiff in error.

Claude J. Bartlett, of Columbus, Ohio (James M. Butler, of Columbus, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

This case was tried before a jury, and a verdict directed for defendant in error in the sum of $3,495.88. It involved the following contract:

"Sold for account Meritas Mills, 320 Broadway, N. Y. City, to Hercules Clothing Company, Zanesville, Ohio.

"Quantity — About one hundred thousand (100,000) yards four leaf twills, dyed the same color as your style 19; width, 50 inches wide, finished, made from a 51 inch, 88 by 48...

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