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AUSTIN MACHINERY CO. v. CONSOLIDATION COAL CO.

Nos. 6377, 6378.

67 F.2d 771 (1933)

AUSTIN MACHINERY CO. OF MICHIGAN v. CONSOLIDATION COAL CO. CONSOLIDATION COAL CO. v. AUSTIN MACHINERY CO. OF MICHIGAN.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1933.

Attorney(s) appearing for the Case

Glenwood C. Fuller, of Grand Rapids, Mich. (Waring, Walker & Cox, of Memphis, Tenn., on the brief), for appellant Austin Machinery Corporation.

Joseph S. Graydon, of Cincinnati, Ohio (Maxwell & Ramsey, of Cincinnati, Ohio, Metcalf, Metcalf & Apperson, of Memphis, Tenn., and Milbank Tweed, Hope & Webb, of New York City, Wm. P. Metcalf, of Memphis, Tenn., Arthur A. Gammell and Charles D. Kyle, both of New York City, on the brief), for appellee Consolidation Coal Co.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

In July, 1923, Austin Machinery Corporation (herein called Austin of Virginia) shipped by rail to Clark-Hunt Contracting Company (herein called Clark-Hunt) at Darling, Miss., a drag line machine with sight draft for part and notes for the balance of the purchase price, $43,500, attached to the bill of lading. Austin of Virginia charged the purchase price on its books against Clark-Hunt. When the machine reached Darling, Clark-Hunt, by means of...

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