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ARROW PETROLEUM CO. v. JOHNSTON

No. 9173.

162 F.2d 269 (1947)

ARROW PETROLEUM CO. v. JOHNSTON.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 9, 1947.

Attorney(s) appearing for the Case

Joseph B. Fleming, David Jacker, Joseph H. Pleck and Edward C. Caldwell, all of Chicago Ill., J. N. Saye, of Longview, Tex., and John M. O'Connor, Jr., (of Kirkland, Fleming, Green, Martin & Ellis), of Chicago, Ill., for appellant.

John H. Bishop and Robert J. Burdett, both of Chicago, Ill., for appellee.

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

SPARKS, Circuit Judge.

Plaintiff, referred to here as "Arrow," sued the defendant, Johnston, on November 13, 1943, to recover damages for an alleged breach of contract. By this written contract, entered into by the parties on September 6, 1941, Arrow agreed to purchase from Johnston approximately 187,000 barrels of No. 6 fuel oil. Each barrel was to contain 42 gallons, and the price to be paid by Arrow was 85 cents a barrel, plus 1.19 cents a gallon for transportation...

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