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CARBON SILK MILLS CO. v. POWELL

No. 7061.

108 F.2d 474 (1939)

CARBON SILK MILLS CO. v. POWELL et al.

Circuit Court of Appeals, Third Circuit.

December 18, 1939.

Attorney(s) appearing for the Case

William H. Gerlach, of Hazleton, Pa., for appellant.

Murray Forst Thompson and William E. Mikell, Jr., both of Philadelphia, Pa. (Saul, Ewing, Remick & Saul, of Philadelphia, Pa., of counsel), for appellees.

Before BIDDLE, JONES, and BUFFINGTON, Circuit Judges.

BIDDLE, Circuit Judge.

Vertex Hosiery Mills, Inc., for several years had been delivering silk to Carbon Silk Mill Company for "throwing". No written contract existed between them with respect to payment, but the testimony showed that, for the last five years at least, Carbon received periodic payments, according to its requirements, for the services it performed. Payment was not a prerequisite to but was made after delivery. In 1938, after Vertex had been adjudged...

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