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GAY, SULLIVAN & CO. v. GLASER, CRANDELL CO.

No. 6749.

102 F.2d 149 (1939)

GAY, SULLIVAN & CO., Inc., v. GLASER, CRANDELL CO.

Circuit Court of Appeals, Seventh Circuit.

March 3, 1939.

Attorney(s) appearing for the Case

Benjamin V. Becker, Don M. Peebles, Max Swiren, and Harold M. Keele, all of Chicago (Harold M. Keele, of Chicago, Ill., of counsel), for appellant.

Clinton Merrick, Howard F. Bishop, and Jerome J. Sladkey, all of Chicago, Ill., for appellee.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff sued the defendant to recover the purchase price of 1,800 bags of sugar purchased on sample for use in making grape jam. Defendant pleaded that the sugar was not according to sample; that it contained iron scale and was unfit for consumption; and that it was entitled to a counterclaim in excess of the purchase price of $7,662. The verdict for plaintiff was $6,535. The court entered judgment for that amount, and defendant appealed....

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