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JOHN HETHERINGTON & SONS v. RUDISILL

No. 2727.

28 F.2d 713 (1928)

JOHN HETHERINGTON & SONS, Limited, v. RUDISILL.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1928.

Attorney(s) appearing for the Case

John S. Cansler, of Charlotte, N. C. (E. T. Cansler, of Charlotte, N. C., on the brief), for appellant.

John A. Hendricks, of Marshall, N. C., for appellee.

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

PARKER, Circuit Judge.

This is an appeal from a decree denying the claim of John Hetherington & Sons, Limited, to certain machinery in the possession of the trustee in bankruptcy of the Capitola Manufacturing Company. The machinery was sold and delivered by claimant to bankrupt in October, 1925, under a written contract, which provided that payment therefor should be made in four equal installments, 3, 6, 12, and 18 months respectively from date of shipment, with...

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