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PEAVY-WELSH LUMBER CO. v. HENDRIX

No. 5180.

139 F.2d 403 (1943)

PEAVY-WELSH LUMBER CO., Inc., v. HENDRIX.

Circuit Court of Appeals, Fourth Circuit.

December 22, 1943.

Attorney(s) appearing for the Case

John B. Files, of Shreveport, La., and G. L. B. Rivers, of Charleston, S. C. (Hagood, Rivers & Young, of Charleston, S. C., on the brief), for appellant.

Pinckney L. Cain, of Columbia, S. C. (George Warren, of Hampton, S. C., Thomas, Cain & Black, of Columbia, S. C., and Rosen, Kammer, Wolff, Hopkins & Burke, of New Orleans, La., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

Peavy-Welsh Lumber Company (hereinafter called Peavy), as seller, entered into a contract for the sale of timber with Hendrix, as buyer. Under this contract, Hendrix was to start cutting the timber on or before December 1, 1936, and Hendrix was to pay a specified price per thousand feet, log scale, by the fifteenth of the month next after the month in which the timber was cut. Pursuant to the terms of the contract, Hendrix made an advance payment...

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