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BISBEE LINSEED CO. v. PARAGON PAINT & VARNISH CORPORATION

No. 332.

89 F.2d 18 (1937)

BISBEE LINSEED CO. v. PARAGON PAINT & VARNISH CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

Lyon, Lee & Lyon, of New York City (Robert B. Ely, III, of Philadelphia, Pa., and Herbert B. Lee and Walter S. Buck, both of New York City, of counsel), for appellant.

Gordon & Gordon, of New York City (Jacob Gordon, Mortimer S. Gordon, and Harry Mesard, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an action upon a contract to purchase from the plaintiff a quantity of linseed oil deliverable in instalments. The defendant's answer set up as a complete defense a judgment entered in a prior litigation between the parties. At the close of the evidence, the trial court refused to submit the case to the jury and granted the defendant's motion to dismiss the complaint on the ground of res judicata. From the judgment of dismissal, with costs...

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