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C. W. DENNING & CO. v. SUNCREST LUMBER CO.

No. 3128.

51 F.2d 945 (1931)

C. W. DENNING & CO. v. SUNCREST LUMBER CO.

Circuit Court of Appeals, Fourth Circuit.

July 28, 1931.

Attorney(s) appearing for the Case

Felix E. Alley, of Waynesville, N. C. (S. W. Black, of Bryson City, N. C., A. Hall Johnston, of Asheville, N. C., E. P. Stillwell, of Sylva, N. C., and Alley & Alley, of Waynesville, N. C., on the brief), for appellant.

Thomas L. Johnson and J. Bat Smathers, both of Asheville, N. C. (Thomas S. Rollins, Jr., of Asheville, N. C., on the brief), for appellee.

Before PARKER, Circuit Judge, and McCLINTIC and ERNEST F. COCHRAN, District Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment on promissory notes given for the purchase price of timber. The plaintiff, the Suncrest Lumber Company, was the seller of the timber, and the defendant, C. W. Denning & Company, was the purchaser. Defendant admitted the execution of the notes, but pleaded by way of counterclaim fraud and false warranty in the sale of the timber. The jury returned a verdict for plaintiff for the sum of $12,500, being half...

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