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FRANKLIN SUGAR REFINING CO. v. WILLIAM D. MULLEN CO.

No. 3392.

12 F.2d 885 (1926)

FRANKLIN SUGAR REFINING CO. v. WILLIAM D. MULLEN CO.

Circuit Court of Appeals, Third Circuit.

May 13, 1926.

Attorney(s) appearing for the Case

Hull, Abbott & Carpenter, of New York City, and William S. Hilles, of Wilmington, Del., for plaintiff in error.

Robert H. Richards and James I. Boyce, both of Wilmington, Del., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case involves the effect and application, in a suit brought in the United States District Court of Delaware, on an alleged contract made and to be performed in Pennsylvania, of that part of the Uniform Sales Act of Pennsylvania which provides: "A contract

to sell or a sale of any goods * * * of the value of five hundred dollars or upwards shall not be enforceable by action...

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