MORRIS v. PREFABRICATION ENGINEERING CO.

No. 11745.

160 F.2d 779 (1947)

MORRIS v. PREFABRICATION ENGINEERING CO.

Circuit Court of Appeals, Fifth Circuit.

April 16, 1947.


Attorney(s) appearing for the Case

Carl T. Hoffman and N. J. Durant, both of Miami, Fla., for appellant.

Thos. McE. Johnston, of Miami, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

The appellant, a citizen of Florida, was sued by appellees, citizens of Oregon, who alleged appellant had accepted about May 24, 1943, an order for "wedge bolts" to be shipped not later than June 10, that a prepayment of $4,000 was made on the purchase price, that no wedge bolts were shipped by June 10 or soon thereafter, and appellees cancelled the order and demanded return of the $4,000, for which sum the suit was brought. The answer denied...

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