McCARTHY v. WYNNE

No. 2377.

126 F.2d 620 (1942)

McCARTHY et al. v. WYNNE et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 14, 1942.


Attorney(s) appearing for the Case

R. M. Williams, of Oklahoma City, Okl. (J. H. Miley and Miley, Hoffman, Williams, France & Johnson, all of Oklahoma City, Mo., on the briefs), for appellants.

Rayburn L. Foster, of Bartlesville, Okl. (Paul G. Darrough, of Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

This cause was before this court on a prior appeal. See Wynne v. McCarthy, 10 Cir., 97 F.2d 964.

Colonial Supply Company, an Oklahoma corporation, hereinafter referred to as Colonial, was engaged in the business of selling oil well supplies. It maintained stocks at Henryetta and Wewoka, Oklahoma. On December 19, 1924, Colonial and McCarthy entered into a written contract whereby Colonial agreed to...

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