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LONGHORN ROOFING PRODUCTS INC. v. FLINTKOTE CO.

No. 10667.

141 F.2d 466 (1944)

LONGHORN ROOFING PRODUCTS, Inc., v. FLINTKOTE CO.

Circuit Court of Appeals, Fifth Circuit.

March 17, 1944.

Attorney(s) appearing for the Case

Frank A. Leffingwell and Ralph W. Currie, both of Dallas, Tex., for appellant.

Maurice E. Purnell, of Dallas, Tex., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HOLMES, Circuit Judge.

Appellee, a manufacturer of dry felt, by written contract agreed to furnish to appellant its requirements of the product during 1940 upon certain terms and conditions. Deliveries of the felt were made as agreed throughout the year, and the purchase price was paid therefor except that demanded for the December deliveries. In that month appellant calculated that it had overpaid for its purchases during the first six months of the year, and deducted...

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