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CORY v. LOGAN COAL & SUPPLY CO.

No. 5854.

48 F.2d 28 (1931)

CORY v. LOGAN COAL & SUPPLY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 24, 1931.

Attorney(s) appearing for the Case

Robert R. Milam, of Jacksonville, Fla., J. J. Lynch and Carter J. Lynch, both of Chattanooga, Tenn. (James J. Lynch, of Chattanooga, Tenn., Robert R. Milam and Milam, McIlvaine & Milam, all of Jacksonville, Fla., and Lynch, Bachman, Phillips & Lynch, of Chattanooga, Tenn., on the brief), for appellant.

J. T. G. Crawford and Philip S. May, both of Jacksonville, Fla. (J. T. G. Crawford and Philip S. May, both of Jacksonville, Fla., on the brief), for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Cory sued Logan Coal & Supply Company at law upon three contracts for the sale of coal, seeking damages for the refusal to accept part of the coal. After an adverse ruling upon a demurrer to the original counts of the declaration, and a refusal to allow a replication to be filed to certain pleas, and after submitting his evidence under amended counts, Cory was defeated by a verdict directed for the defendant, and he appeals, his assignments...

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