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CARTER v. SLAVICK JEWELRY CO.

No. 5421.

26 F.2d 571 (1928)

CARTER et al. v. SLAVICK JEWELRY CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 2, 1928.

Attorney(s) appearing for the Case

Shepard Mitchell, M. B. Silberberg, and Alex W. Davis, all of Los Angeles, Cal., for plaintiff.

Samuel W. McNabb, U. S. Atty., and Emmett E. Doherty, Asst. U. S. Atty., both of Los Angeles, Cal., for defendants.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

The Slavick Jewelry Company is engaged in selling jewelry at retail under a plan by which it delivers possession of the merchandise sold, but retains title until the full purchase price is paid. During the period from December, 1920, to December, 1924, it made approximately 700 of such sales, for the gross aggregate price of $72,746.80, and actually received on account thereof the aggregate sum of $49,115.55. In no case was the purchase price...

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