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WRATHER v. DEMPSTER MILL MFG. CO.

No. 5484.

37 F.2d 648 (1930)

WRATHER v. DEMPSTER MILL MFG. CO.

Circuit Court of Appeals, Fifth Circuit.

January 23, 1930.

Attorney(s) appearing for the Case

Cleo G. Clayton, of Amarillo, Tex., and Alex M. Mood, of Fort Worth, Tex. (Cleo G. Clayton, of Amarillo, Tex., and Alex M. Mood, of Fort Worth, Tex., on the brief), for appellant.

Ben H. Stone, of Amarillo, Tex. (Ben H. Stone, of Amarillo, Tex., on the brief), for appellee.

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

DAWKINS, District Judge.

This action was instituted as a suit at law upon an open account as to one of the defendants, J. Rufus Williams, and upon certain obligations of guaranty or indemnity on the part of the other defendant, J. R. Wrather.

Plaintiff, appellee, was in the plumbing supply business in the city of Amarillo, Tex., and Williams, desiring to purchase the materials from it on credit, induced his uncle, Wrather, to execute in favor of appellee the...

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