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BALLINGER OIL MILL v. SOUTHERN COTTON OIL CO.

No. 5507.

37 F.2d 472 (1930)

BALLINGER OIL MILL, Inc., et al. v. SOUTHERN COTTON OIL CO.

Circuit Court of Appeals, Fifth Circuit.

January 28, 1930.

Attorney(s) appearing for the Case

R. F. Spencer, of San Antonio, Tex., and M. H. Boynton, of Fort Worth, Tex. (Doss & Boynton, of Ballinger, Tex., and R. F. Spencer and Spencer, Rogers & Lewis, all of San Antonio, Tex., on the brief), for appellants.

Henry E. Jackson and Scott Snodgrass, both of San Angelo, Tex. (Collins, Jackson & Snodgrass, of San Angelo, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Plaintiff brought this suit to recover back from defendants the sum of $3,902.60, paid to them as the price of a tank car of cotton seed oil, upon the ground that it had been lost in transit through the fault of the defendant in not properly inspecting said car according to its agreement to see that the outlet in the bottom was securely closed.

Defendant, after admitting the sale and payment of the purchase price, made a general denial...

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