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RODESCH v. KIRKPATRICK COAL CO.

No. 5239.

41 F.2d 518 (1930)

RODESCH v. KIRKPATRICK COAL CO.

Circuit Court of Appeals, Sixth Circuit.

June 13, 1930.

Attorney(s) appearing for the Case

Canada, Williams & Russell, of Memphis, Tenn., for appellant.

R. G. Brown, Abe D. Waldauer, and Chas. L. Glascock, all of Memphis, Tenn., for appellee.

Before DENISON, KNAPPEN, and SIMONS, Circuit Judges.

PER CURIAM.

Rodesch, as purchaser, made an oral contract at Chicago with Fabbri, as agent for the Kirkpatrick Company, to buy from it a quantity of coal. The terms were confirmed by Fabbri in a letter sent from Chicago upon the letterhead of the Kirkpatrick Coal Company, which letterhead stated the business of the coal company, the location of the mines, and that the general offices were at Memphis, Tenn. It bore an overprint in red, "L. F. Fabbri, Manager, Chicago...

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