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NELSON BROS. COAL CO. v. PERRYMAN-BURNS COAL CO.

No. 287.

48 F.2d 99 (1931)

NELSON BROS. COAL CO. v. PERRYMAN-BURNS COAL CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 16, 1931.

Attorney(s) appearing for the Case

Pickett & Pickett, of Brooklyn, N. Y. (Walter H. Pickett, of Brooklyn, N. Y., of counsel), for appellant.

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The appellant, Perryman-Burns Coal Company, Inc., through its salesman Thompson, made an oral contract with the appellee, Nelson Bros. Coal Company, to sell to the appellee approximately 400 tons of coal. The oral contract was made over the telephone on October 31, 1924, by Thompson with F. W. H. Nelson, Sr., who was the president of the buyer and died prior to the trial. The agreement was confirmed by a written memorandum of sale...

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