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FRANKLIN SAV. BANK v. GAROT

No. 9779.

69 F.2d 487 (1934)

FRANKLIN SAV. BANK OF FRANKLIN, N. H. v. GAROT.

Circuit Court of Appeals, Eighth Circuit.

February 27, 1934.

Attorney(s) appearing for the Case

John L. Ingram and T. J. Moher, both of Stuttgart, Ark., for appellant.

C. W. Gray, of Little Rock, Ark., George E. Pike, of Dewitt, Ark., and J. Merrick Moore, of Little Rock, Ark., for appellee.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

WOODROUGH, Circuit Judge.

In January, 1926, Fairbanks, Morse & Co. sold an eighty-horse power oil engine to one J. F. Girerd of Almyra, Ark., for $5,702 on the customary installment plan, the down payment being $1,450 and $450 allowed for an old engine then in use, the balance of $3,802 evidenced by three notes due December 15, 1926, '27 and '28 respectively. The written contract of sale contained, among many provisions, the following:

"The deferred payments...

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