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UNITED CLAY PRODUCTS CO. v. LINDER

No. 7633.

119 F.2d 456 (1941)

UNITED CLAY PRODUCTS CO. v. LINDER.

United States Court of Appeals for the District of Columbia.

Decided April 7, 1941.

Attorney(s) appearing for the Case

P. J. J. Nicolaides, of Washington, D. C. (William F. Kelly, of Washington, D. C., on the brief), for plaintiff in error.

Mark P. Friedlander, of Washington, D. C., for defendant in error.

Before GRONER, Chief Justice, and VINSON, and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

Appellee guaranteed, in writing, payment for materials which appellant sold to Huff. Huff defaulted, and appellant sued on the guaranty. Appellee defended on the ground that appellant failed to give prompt notice of Huff's default. There was evidence that appellant agreed orally to give prompt notice,1 broke this agreement, and thereby injured appellee. There was also contrary evidence. The case was heard without...

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