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CONSOLIDATED PECAN SALES CO. v. DENISON PEANUT CO.

No. 8984.

107 F.2d 80 (1939)

CONSOLIDATED PECAN SALES CO. v. DENISON PEANUT CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 13, 1939.

Attorney(s) appearing for the Case

Leonard Farkas and Walter H. Burt, both of Albany, Ga., for appellant.

D. H. Linebaugh, of Muskogee, Okl., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

This is a suit for breach of contract brought by the Denison Peanut Company, a Texas corporation, against the Consolidated Pecan Sales Company, a Georgia corporation. On motion the court below directed a verdict for Denison Peanut Company and the Consolidated Pecan Sales Company has appealed.

In April, 1936, the Denison Peanut Company sold the Consolidated Pecan Sales Company certain described shelled pecans. The sale contract specified...

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