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MURRAY CO. v. HARRILL

No. 429.

51 F.2d 883 (1931)

MURRAY CO. v. HARRILL et al.

Circuit Court of Appeals, Tenth Circuit.

July 21, 1931.

Attorney(s) appearing for the Case

S. P. Freeling of Oklahoma City, Okl. (Freeling & Box, of Oklahoma City, Okl., on the brief), for appellant.

Thos. H. Owen, of Oklahoma City, Okl., and John C. Graves, of Wagoner, Okl., for appellees.

Before LEWIS and COTTERAL, Circuit Judges, and POLLOCK, District Judge.

COTTERAL, Circuit Judge.

The Murray Company brought this action against T. C. Harrill and J. A. Harris to recover upon two notes and an account, on which there was due $12,250.85, with interest and attorney's fees. The defendants answered, admitting their liability, but pleaded set-offs of approximately $21,450, as commissions earned by them on sales of fifteen cotton gins for plaintiff, pursuant to a written contract; and they prayed a recovery of the excess of their...

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