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SUTTON v. JOHNSON COTTON CO.

No. 4648.

114 F.2d 302 (1940)

SUTTON v. JOHNSON COTTON CO.

Circuit Court of Appeals, Fourth Circuit.

August 9, 1940.

Attorney(s) appearing for the Case

James E. Leppard, of Chesterfield, S. C., for appellant.

James S. Verner, of Darlington, S. C. (Samuel Want and Sam Rogol, both of Darlington, S. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

Johnson Cotton Company, plaintiff in the District Court, brought an action at law against J. L. Sutton to recover a balance claimed to be due under a contract which called for the delivery of fertilizer by the plaintiff to the defendant at prices to be designated by the former. The agreement, which is somewhat confusing and complex in its terms, provides among other things for the sale by the defendant...

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