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BISBEE LINSEED CORP. v. PARAGON PAINT & VARNISH CORP.

No. 278.

96 F.2d 464 (1938)

BISBEE LINSEED CORPORATION v. PARAGON PAINT & VARNISH CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 18, 1938.

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.

I. Gainsburg, of New York City (Harold I. Cohen, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint for failure of proof in an action to recover damages for the nonacceptance of a quantity of linseed oil under a contract of sale. The plaintiff, the seller, had sued once before upon the same contract in a complaint in two counts: The first, for the purchase price of a part of the oil delivered under the contract; the second, for the same damages now at issue. It recovered upon both counts...

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