CITY OF FLOYDADA v. AMERICAN LA FRANCE & FOAMITE I.

No. 8191.

87 F.2d 820 (1937)

CITY OF FLOYDADA v. AMERICAN LA FRANCE & FOAMITE INDUSTRIES, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1937.


Attorney(s) appearing for the Case

E. L. Klett, of Lubbock, Tex., and Ben P. Ayres, of Floydada, Tex., for appellant.

W. H. Jack, Jr., of Dallas, Tex., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.


HOLMES, Circuit Judge.

In January, 1929, the appellee sold and delivered to appellant a certain truck, equipped with fire-fighting apparatus, for the price of $10,500, payable $2,500 upon delivery and the balance in eight annual installments of $1,000 each, evidenced by a city warrant for each installment, bearing interest at the rate of 6 per cent. per annum from January 1, 1929. The delivery payment of $2,500 was satisfied in cash, except as to $1,500 which was...

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