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SHERWIN-WILLIAMS CO. v. O'HARA DECORATING SERVICE, INC.

No. 8675.

152 F.2d 156 (1945)

SHERWIN-WILLIAMS CO. v. O'HARA DECORATING SERVICE, Inc.

Circuit Court of Appeals, Seventh Circuit.

November 28, 1945.

Attorney(s) appearing for the Case

Franklin R. Overmyer, Peter V. Fazio, and James J. Cullen, all of Chicago, Ill., for appellant.

Louis Goldman, Francis V. Healy, and Robert G. Dreffein, all of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and BRIGGLE, District Judge.

MAJOR, Circuit Judge.

This is an appeal from a judgment in favor of the plaintiff, entered May 10, 1944, in the sum of $7,442.38, with certain interest and costs. The case was tried by the court without a jury.

The suit was instituted for the recovery of the purchase price of certain merchandise sold and delivered to defendant, consisting in the main of enamel, drier, linseed oil and varnish. The merchandise was sold and delivered between September 14, 1939...

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