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BLACKSHEAR MFG. CO. v. UMATILLA FRUIT CO.

No. 5979.

48 F.2d 174 (1931)

BLACKSHEAR MFG. CO. v. UMATILLA FRUIT CO.

Circuit Court of Appeals, Fifth Circuit.

March 24, 1931.

Attorney(s) appearing for the Case

S. F. Memory, of Blackshear, Ga., and Hilton S. Hampton and Jno. W. Bull, both of Tampa, Fla. (Hampton & Bull, of Tampa, Fla., and S. F. Memory, of Blackshear, Ga., on the brief), for appellant.

O. K. Reaves, G. E. Mabry, and Morris E. White, all of Tampa, Fla. (G. E. Mabry, O. K. Reaves, Morris E. White, E. C. Johnson, and Mabry, Reaves & White, all of Tampa, Fla., on the brief), for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The Blackshear Manufacturing Company, plaintiff below, sued Umatilla Fruit Company, defendant, in three counts at law, and on the conclusion of its evidence a verdict was directed for the defendant, followed by this appeal.

The first count was plainly in contract, alleging that the defendant promised to sell certain fertilizers as plaintiff's salesman to responsible parties only, and to use care and diligence in endeavoring to collect...

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