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RALSTON PURINA CO. v. NOVAK

No. 11646.

111 F.2d 631 (1940)

RALSTON PURINA CO. v. NOVAK.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 31, 1940.

Attorney(s) appearing for the Case

Winthrop B. Lane, of Omaha, Neb. (Cottrell Fox, of St. Louis, Mo., and Arthur R. Wells and Paul L. Martin, both of Omaha, Neb., on the brief), for appellant.

Alfred C. Munger, of Omaha, Neb., and Robert R. Moodie, of West Point, Neb., for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

This was an action at law brought by the appellant as plaintiff to recover a balance due on the agreed purchase price of a certain consignment of hog feed which it had sold and delivered to the appellee. We shall refer to the parties as they were designated below.

The total purchase price was $6,120, on which there had been paid $3,519.15, leaving a balance due of $2,600.85. Defendant answered, alleging that the sale had been induced...

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