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MARQUETTE CEMENT MFG. CO. v. CAMPBELL CONST. CO.

No. 11005.

184 F.2d 352 (1950)

MARQUETTE CEMENT MFG. CO. v. CAMPBELL CONST. CO., Inc.

United States Court of Appeals Sixth Circuit.

Petition for Rehearing Dismissed October 19, 1950.

Attorney(s) appearing for the Case

Edward A. Zimmerman, Chicago, Ill. (Burch, Porter & Johnson and Lucius E. Burch, Jr., all of Memphis, Tenn., Zimmerman & Norman, Chicago, Ill., on the brief), for appellant.

L. E. Gwinn, and Wils Davis, Memphis, Tenn. (Wils Davis, Memphis, Tenn., L. E. Gwinn, Memphis, Tenn., Booth, Lockard & Jack, Shreveport, La., on the brief), for appellee.

Before HICKS Chief Judge, and ALLEN and MILLER, Circuit Judges.

HICKS, Chief Judge.

Suit by plaintiff-appellee for breach of a verbal contract for sale and delivery of 7,500 barrels of cement. The defendant-appellant denied both the existence of the contract and the authority of its salesmen to execute it. It further denied liability for special damages and pleaded the Arkansas Statute of Frauds. Appellee recovered judgment upon a jury verdict for the sum of $22,500.00; hence this appeal...

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