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ARMOUR & CO. v. BASSEL BROS.

No. 5017.

22 F.2d 728 (1927)

ARMOUR & CO. v. BASSEL BROS.

Circuit Court of Appeals, Fifth Circuit.

December 12, 1927.

Attorney(s) appearing for the Case

Alfred McKnight and Mark McMahon, both of Fort Worth, Tex., and Walter C. Kirk, of Chicago, Ill. (Cantey, Hanger & McMahon, of Fort Worth, Tex., on the brief), for plaintiff in error.

James B. Hubbard and A. L. Curtis, both of Fort Worth, Tex. (Tyler & Hubbard, of Fort Worth, Tex., on the brief), for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Bassel Bros. brought this suit against Armour & Co. to recover a balance alleged to be due on two general consignments of dressed turkeys in 1922, one of 17 carloads for the Thanksgiving trade, and the other of 62 carloads for the Christmas trade. The contract under which the shipments were made provided that plaintiffs would purchase and assemble turkeys at various shipping points in Texas, where they would be examined and graded by defendant...

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