UNITED STATES v. AMERICAN SALES CORPORATION

Nos. 997, 998.

27 F.2d 389 (1928)

UNITED STATES v. AMERICAN SALES CORPORATION. AMERICAN SALES CORPORATION v. UNITED STATES.

District Court, S. D. Texas, at Houston.

July 6, 1928.


Attorney(s) appearing for the Case

H. M. Holden, U. S. Atty., of Houston, Tex., Will H. Krause, Sp. Asst. U. S. Atty., of Washington, D. C., and Howell Ward, Asst. U. S. Atty., of Houston, Tex.

McDonald & Wayman, of Galveston, Tex., and T. W. Gregory, of Houston, Tex., for American Sales Corporation.


HUTCHESON, District Judge.

These two suits involve the same transaction, a sale in 1920 of 7,770 escort wagons. The first suit is an action on the part of the United States to recover a balance due on a contract for the sale of the wagons at $55.20 each. The second is a suit by the sales corporation to recover an amount due it on account of its having paid, at the price of $30.25 each, for more wagons than it received.

Plaintiff, the United States, admits...

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