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DAVENPORT LADDER CO. v. EDWARD HINES LUMBER CO.

No. 8845.

43 F.2d 63 (1930)

DAVENPORT LADDER CO. v. EDWARD HINES LUMBER CO.

Circuit Court of Appeals, Eighth Circuit.

August 18, 1930.

Attorney(s) appearing for the Case

Wayne G. Cook, of Davenport, Iowa (C. D. Waterman, of Davenport, Iowa, on the brief), for appellant.

H. B. Betty, of Davenport, Iowa (Wm. S. Bennet, of Chicago, Ill., Walter M. Balluff, Betty & Betty, and Cook & Balluff, all of Davenport, Iowa, on the brief), for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

GARDNER, Circuit Judge.

In this case appellee, as plaintiff, brought action against the appellant to recover a balance claimed to be due for lumber sold. The parties will be designated as they appeared in the lower court. The plaintiff alleged that on the 14th day of May, 1927, the defendant entered into a written contract for the purchase of lumber. A copy of the instrument claimed to be the contract was attached to the petition...

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