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MANNING MFG. CO. v. HARTOL PRODUCTS CORPORATION

No. 32.

99 F.2d 813 (1938)

MANNING MFG. CO. v. HARTOL PRODUCTS CORPORATION OF NEW ENGLAND.

Circuit Court of Appeals, Second Circuit.

November 14, 1938.

Attorney(s) appearing for the Case

Fred E. Gleason, of Montpelier, Vt. (H. Victor Crawford, of New York City, of counsel), for appellant.

Asa S. Bloomer, of Rutland, Vt., for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff, a Vermont corporation engaged in business in the city of Rutland, sold to a customer named Cloud five gallons of kerosene drawn from a tank recently filled by the defendant corporation, a wholesale dealer, from which the plaintiff purchased all its kerosene. The kerosene sold to Cloud was defective in having a flash point at a lower temperature than the statutory requirement of 110°...

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