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PETROLEUM REFRACTIONATING CORP. v. KENDRICK OIL CO.

No. 774.

65 F.2d 997 (1933)

PETROLEUM REFRACTIONATING CORPORATION v. KENDRICK OIL CO.

Circuit Court of Appeals, Tenth Circuit.

June 21, 1933.

Attorney(s) appearing for the Case

Harry L. Jacobs, of Kansas City, Mo. (Allen, Underwood & Canterbury and Paul Pinson, all of Tulsa, Okl., and Ringolsky, Boatright & Jacobs and D. S. Millman, all of Kansas City, Mo., on the brief), for appellant.

Edgar A. de Meules, of Tulsa, Okl. (Geo. S. Ramsey, Villard Martin, and Garrett Logan, all of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The Petroleum Corporation brought this action against the Kendrick Company to recover damages for breach of contract. After setting out the jurisdictional facts, the amended petition alleged that on January 15, 1932, the Kendrick Company gave an order to the Petroleum Corporation, the material portions of which read as follows:

"January 15th, 1932. "To Petroleum Refractionating Company...

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