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WATJEN v. LOUISVILLE TOBACCO WAREHOUSE CO.

No. 5108.

29 F.2d 801 (1928)

WATJEN et al. v. LOUISVILLE TOBACCO WAREHOUSE CO.

Circuit Court of Appeals, Sixth Circuit.

December 18, 1928.

Attorney(s) appearing for the Case

Wm. Marshall Bullitt, of Louisville, Ky. (R. Lee Blackwell and Bruce & Bullitt, all of Louisville, Ky., on the brief), for plaintiffs in error.

Charles W. Milner, of Louisville, Ky. (Edward P. Humphrey and Humphrey, Crawford & Middleton, all of Louisville, Ky., on the brief), for defendant in error.

Before DENISON and HICKS, Circuit Judges, and HICKENLOOPER, District Judge.

HICKS, Circuit Judge.

This case is here for the third time. Watjen & Co. v. Louisville Tobacco Warehouse Co., 240 F. 919; D. H. Watjen & Co. v. Louisville Tobacco Warehouse Co., 294 F. 264. The suit is one for damages for alleged breach of a contract. So far as is material here, it relates to 245 hogsheads of tobacco. Plaintiffs in error insist that defendant in error sold them this tobacco by sample, but delivered inferior tobacco. The recovery sought is...

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