BARNSDALL REFINING CORP. v. CUSHMAN-WILSON OIL CO.

No. 11113.

97 F.2d 481 (1938)

BARNSDALL REFINING CORPORATION v. CUSHMAN-WILSON OIL CO.

Circuit Court of Appeals, Eighth Circuit.

July 1, 1938.


Attorney(s) appearing for the Case

Donald Evans, of Des Moines, Iowa, and Gentry Lee, of Tulsa, Okl. (M. D. Kirk, of Tulsa, Okl., and William F. Riley and Carr, Cox, Evans & Riley, all of Des Moines, Iowa, on the brief), for appellant.

Eugene D. Perry and John E. Perry, both of Des Moines, Iowa (Robert J. Bannister and Stipp, Perry, Bannister & Starzinger, all of Des Moines, Iowa, on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


GARDNER, Circuit Judge.

This is an appeal from a judgment entered in an action at law in which appellee recovered damages for the breach of a contract of sale. Appellant as plaintiff brought action to recover $17,622.69 on account for petroleum products purchased by appellee from appellant. The parties will be referred to as they appeared in the lower court. Defendant, in its answer, admitted plaintiff's claim and pleaded a counterclaim for damages in excess of the...

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