INDEPENDENT OIL CO. v. BARRETT

No. 85223.

79 F.Supp. 831 (1939)

INDEPENDENT OIL CO. v. BARRETT.

District Court of the United States for the District of Columbia.

March 28, 1939.


Attorney(s) appearing for the Case

Benj. F. Rossner and Nathan M. Lubar, both of Washington, D. C., for plaintiff.

Wm. A. Gallagher, of Washington, D. C., for defendant.


COX, Associate Justice.

It is considered that the plaintiff's motion to set aside verdict and judgment on defendant's counterclaim and to enter judgment for the plaintiff without offset against the verdict in its favor should be granted.

The evidence in support of the alleged contract between the plaintiff and defendant as set up in the counterclaim is thought to go no further than to show that the relation between them was that of merchant and customer, ...

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