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BRADFORD-KENNEDY CO. v. FRED G. CLARK CO.

No. 8749.

43 F.2d 675 (1930)

BRADFORD-KENNEDY CO. v. FRED G. CLARK CO.

Circuit Court of Appeals, Eighth Circuit.

September 15, 1930.

Attorney(s) appearing for the Case

Yale C. Holland, of Omaha, Neb. (J. A. C. Kennedy, G. L. DeLacy, and Charles F. McLaughlin, all of Omaha, Neb., on the brief), for appellant.

Clinton Brome, of Omaha, Neb. (William L. Randall and T. J. McGuire, both of Omaha, Neb., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

This is an action brought by the plaintiff below, appellee here, to recover a balance due on lubricating oils alleged to have been sold appellant pursuant to an oral agreement. The petition alleges that the fair and reasonable value of the goods sold was $14,379.92; that appellant had paid $7,513.88 on account; that the balance due was $6,866.04, for which, with interest, judgment was asked. A verdict...

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