FAIRBANKS, MORSE & CO. v. HIGHLAND GLADES DRAINAGE DIST.

No. 805.

43 F.2d 867 (1930)

FAIRBANKS, MORSE & CO. v. HIGHLAND GLADES DRAINAGE DIST.

District Court, S. D. Florida.

July 28, 1930.


Attorney(s) appearing for the Case

M. H. Long, of Jacksonville, Fla., and C. L. Brown, of Miami, Fla., for plaintiff.

M. D. Carmichael, of West Palm Beach, Fla., for defendant.


RITTER, District Judge.

The plaintiff in this case filed an action in replevin in the circuit court of Palm Beach county, Fla., against the defendant for certain machinery stated in the foregoing order. This machinery was sold to the defendant under a retention title contract, under which the defendant paid $30,000, but has paid nothing more.

The defense set up is that of ultra vires and the statute of limitations. It is asserted that the drainage district...

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