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TABER v. RAUCH

No. 5178.

22 F.2d 680 (1927)

TABER v. RAUCH.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1927.

Attorney(s) appearing for the Case

Alvin H. Lane, of Dallas, Tex. (Donalson & Bullard and Winfrey & Lane, all of Dallas, Tex., on the brief), for plaintiff in error.

John Davis, of Dallas, Tex. (McNees & Roberts and Davis, Synnott & Hatchell, all of Dallas, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Rauch sued Taber for the purchase price or return of certain pearls. In an amended answer and cross-action filed at the trial, Taber made an unconditional tender of the pearls, and also sought to recover damages for Rauch's breach of warranty as to their quality and value. Rauch accepted the tender in open court, received the pearls, and moved to dismiss his suit. The trial court allowed Taber to file a second amended answer and cross-action...

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