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DILLARD v. HAL BROWN & CO.

No. 4975.

22 F.2d 677 (1927)

DILLARD et al. v. HAL BROWN & CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1927.

Attorney(s) appearing for the Case

Wm. Boyce, of Amarillo, Tex., and E. L. Klett, of Lubbock, Tex. (Bean & Klett, of Lubbock, Tex., on the brief), for plaintiffs in error.

George Janvier, of New Orleans, La., and W. H. Bledsoe and C. C. Crenshaw, both of Lubbock, Tex., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

On July 31, 1923, the plaintiff, Hal Brown & Co., bought from the defendants, Dillard & Fullingim, 200 bales of cotton at 21 cents per pound, or $21,000, upon a contract providing for delivery in the following November or December. On the same day plaintiff made a contract for the resale of the cotton. The defendants refused to make delivery under their contract, and plaintiff, in order to fulfill its contract of resale, bought other...

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