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TEXAS CO. v. HERRING

No. 7270.

19 F.2d 56 (1927)

TEXAS CO. v. HERRING.

Circuit Court of Appeals, Eighth Circuit.

April 8, 1927.

Attorney(s) appearing for the Case

C. B. Cochran, of Oklahoma City, Okl. (C. B. Ames, of Oklahoma City, Okl., John R. Ramsey and B. W. Griffith, both of Tulsa, Okl., Harry T. Klein, of New York City, and Ames, Lowe & Cochran, of Oklahoma City, Okl., on the brief), for appellant.

A. Carey Hough, of Oklahoma City, Okl. (George A. Henshaw, of Oklahoma City, Okl., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges, and KENNAMER, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a decree for specific performance of a contract. On the 10th of April, 1923, appellee Herring made a contract with appellant, the Texas Company, reading as follows:

"Contract.

"This agreement, entered into this 10th day of April, 1923, by and between F. E. Herring, party of the first part, and the Texas Company, party of the second part, witnesseth:

"That...

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