GOLDENSTERN & COHEN v. BUTLER IRON & STEEL CO.

No. 1040.

49 F.Supp. 122 (1943)

GOLDENSTERN & COHEN, Inc., v. BUTLER IRON & STEEL CO., Inc.

District Court, W. D. Missouri, W. D.

February 9, 1943.


Attorney(s) appearing for the Case

James P. Aylward, George V. Aylward, and Ralph M. Russell, all of Kansas City, Mo., for plaintiff.

Maurice J. O'Sullivan, of Kansas City, Mo., and David R. Milsten, of Tulsa, Okl., for defendant.


COLLET, District Judge.

The defendant asserts that the undisputed facts compel the legal conclusion that an accord and satisfaction was reached between the parties concerning the matter made the basis of plaintiff's present claim.

The action is one for the recovery of an amount alleged to be due on account. The account had its origin in an alleged contract by which the plaintiff agreed to sell, and the defendant...

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