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SHEMWELL v. GRAHAM

No. 12150.

166 F.2d 391 (1948)

SHEMWELL et al. v. GRAHAM.

Circuit Court of Appeals, Fifth Circuit.

March 5, 1948.

Attorney(s) appearing for the Case

H. G. Rawls, of Albany, Ga., for appellants.

W. W. Dykes, D. H. Dykes and Wingate Dykes, all of Americus, Ga., and H. H. Perry, Jr., of Albany, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

The facts in this case, as established by the verdict of the jury, are these:

The appellee bought a Tennessee walking horse from appellant with the express agreement that the purchaser would be permitted to keep the horse for a trial period of ninety days with the right to return the animal within that period and get back $5500 of the purchase money. The price was $7500, which was paid before...

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