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SOUTHERN GYPSUM CO. v. UNITED PAPERBOARD CO.

No. 2382.

11 F.2d 58 (1926)

SOUTHERN GYPSUM CO. v. UNITED PAPERBOARD CO.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.

Attorney(s) appearing for the Case

Howard C. Gilmer, of Pulaski, Va., and J. P. Buchanan, of Marion, Va. (Buchanan & Buchanan, of Marion, Va., on the brief), for plaintiff in error.

Aubrey R. Bowles, Jr., and John S. Eggleston, both of Richmond, Va. (James Todd, of Chicago, Ill., and McGuire, Riely & Eggleston, of Richmond, Va., on the brief), for defendant in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

ROSE, Circuit Judge.

The United Paperboard Company sued the Southern Gypsum Company for $35,806.98, with interest, being the contract price at $115 per ton of 311.365 tons of chipboard sold and delivered f. o. b. cars plaintiff's mill. The parties were corporations of New Jersey and of Virginia, respectively. We will call them the seller and the buyer. The defense was that the goods furnished were not of the quality bargained for, and on that ground the buyer said...

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