BARNSDALL REFINING CORPORATION v. BIRNAMWOOD OIL CO.

No. 6273.

92 F.2d 817 (1937)

BARNSDALL REFINING CORPORATION v. BIRNAMWOOD OIL CO.

Circuit Court of Appeals, Seventh Circuit.

November 30, 1937.


Attorney(s) appearing for the Case

Francis E. McGovern, of Milwaukee, Wis. (Harry L. Potter, of Madison, Wis., and McGovern, Curtis & Devos, of Milwaukee, Wis., of counsel), for appellant.

M. D. Kirk, of Tulsa, Okl., and Clark M. Robertson and Howard R. Johnson, both of Milwaukee, Wis., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Defendant appeals from a judgment in plaintiff's favor for the balance due for gasoline and oil purchased by defendant from plaintiff and asserts error in the order sustaining a demurrer to the answer and counterclaim of defendant.

Plaintiff sued upon a contract for the purchase of gasoline and oil covering a period of five years, alleged a balance unpaid in excess of $6,000 and sought recovery of the same. The second amended answer...

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