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CALIFORNIA PRUNE & A. GROWERS v. EL RENO WHOLESALE GRO. CO.

No. 6861.

15 F.2d 839 (1926)

CALIFORNIA PRUNE & APRICOT GROWERS, Inc., v. EL RENO WHOLESALE GROCERY CO.

Circuit Court of Appeals, Eighth Circuit.

November 9, 1926.

Attorney(s) appearing for the Case

Milton D. Sapiro, of San Francisco, Cal. (Sapiro & Hayes, Sapiro & Levy, Sapiro, Levy, Hatfield & Hayes, and Sapiro, Levy & Hayes, all of San Francisco, Cal., and Embry, Johnson & Tolbert, of Oklahoma City, Okl., on the brief), for plaintiff in error.

W. F. Wilson, of Oklahoma City, Okl. (Wilson, Tomerlin & Chandler, of Oklahoma City, Okl., on the brief), for defendant in error.

Before STONE, KENYON, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

This is an action on contract to recover for failure to accept and pay for prunes shipped by the seller from California to the purchaser in Oklahoma. At the close of the plaintiff's evidence, the court directed a verdict in favor of defendant for the reason that the contract was unenforceable because lacking mutuality.

The contract was written. It was executed on May 18, 1920, and provided for the sale and purchase of described quantity...

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