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PROGRESSIVE FURNITURE CO. v. STONEVILLE FURNITURE CO.

No. 6343.

192 F.2d 869 (1951)

PROGRESSIVE FURNITURE CO., Inc. v. STONEVILLE FURNITURE CO., Inc.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1951.

Attorney(s) appearing for the Case

Coleman Gangel, New York City (C. W. Higgins, J. Erle McMichael, Winston, Salem, N. C., and George R. Spitz, New York City, on brief), for appellant.

Sydney D. Robins, New York City (Glidewell & Glidewell, Reidsville, N. C., and Jacob Goodman, New York City, on brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

Appellant instituted suit in the United States District Court for the Middle District of North Carolina to recover damages from appellee for an alleged breach of contract. The agreement out of which this dispute arose was entered into on January 11, 1944, by the terms of which appellee undertook to sell appellant 40% of its entire output of furniture for a period commencing December 23, 1943, and "terminating three months after the termination...

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