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GENERAL MILLS v. CLARK

No. 110.

52 F.Supp. 244 (1943)

GENERAL MILLS, Inc., v. CLARK et al.

District Court, W. D. Missouri, Central Division.

October 21, 1943.

Attorney(s) appearing for the Case

William S. Hogsett and Henry Depping (of Hogsett, Trippe, Depping & Houts), of Kansas City, Mo., and Rubey M. Hulen, of St. Louis, Mo., for plaintiff.

William Becker, of Columbia, Mo., and John T. Barker and Roy W. Rucker, both of Kansas City, Mo., for defendants.

OTIS, District Judge.

Although more than six weeks have been consumed in this trial—by far the longest in our nineteen years of service—the case is, in outline, simple. The plaintiff during several years sold defendants, on credit, feed for turkeys. Finally a note was asked and given for a balance due. Plaintiff has sued defendants on the note. Defendants have pleaded "failure of consideration" and counterclaimed for damages alleged to have been caused...

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