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NEW BERN OIL & FERTILIZER CO. v. NATIONAL BANK

No. 2724.

28 F.2d 554 (1928)

NEW BERN OIL & FERTILIZER CO. v. NATIONAL BANK OF KINSTON et al.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1928.

Attorney(s) appearing for the Case

L. I. Moore, of Newbern, N. C. (Moore & Dunn, William Dunn, Jr., and T. O. Moore, all of Newbern, N. C., on the brief), for appellant.

George B. Greene and John G. Dawson, both of Kinston, N. C. (Sutton & Greene and Fred I. Sutton, all of Kinston, N. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

SOPER, District Judge.

During the year 1924, and for some time prior thereto, C. N. Fordham was engaged in the general merchandise business at Deep Run, N. C., and was particularly engaged in selling general supplies and fertilizer to farmers. He handled the fertilizer under contract with the New Bern Oil & Fertilizer Company. Under its 1924 contract with him, the fertilizer company agreed to furnish some 300 tons of fertilizer...

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