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HESSIG-ELLIS DRUG CO. v. GRINNELL LITHOGRAPHIC CO.

No. 5147.

33 F.2d 449 (1929)

HESSIG-ELLIS DRUG CO. v. GRINNELL LITHOGRAPHIC CO.

Circuit Court of Appeals, Sixth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

J. S. Allen, of Memphis, Tenn. (Kyser & Allen, of Memphis, Tenn., on the brief), for appellant.

R. E. King, of Memphis, Tenn. (Ewing, King & King, of Memphis, Tenn., and Larkin, Rathbone & Perry, of New York City, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

This suit was brought by the Grinnell Lithographic Company against the Hessig-Ellis Drug Company to recover a balance of the sale price of embossed labels or coverings for candy boxes. The principal of the amount claimed was made up of the following items: $11,420, balance of purchase price of $17,487.50 for 235,000 labels; $5,062.06 for an overrun of 84,000 labels; and $443.57 for labels with special mountings. All of these items were contested...

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