BAGWELL v. SUSMAN

No. 10474.

165 F.2d 412 (1947)

BAGWELL v. SUSMAN et al.

Circuit Court of Appeals, Sixth Circuit.

December 15, 1947.


Attorney(s) appearing for the Case

W. T. Thrasher and Sam H. Ford, both of Chattanooga, Tenn., for appellant.

Charles A. Noone, of Chattanooga. Tenn., for appellees.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

The H. Susman Company, appellee partnership, brought a suit against the G. W. Bagwell Preserving Company, appellant herein, for damages arising out of an alleged breach of warranty in the sale of certain food products. It obtained a verdict from a jury and a judgment duly entered thereon, from which this appeal is taken.

The principal defense to the action was that appellee had rescinded the sales contracts in question; that, under...

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