EUGENE B. SMITH & CO. v. ELOY GIN CORP.

No. 13096.

195 F.2d 743 (1952)

EUGENE B. SMITH & CO., Inc. v. ELOY GIN CORP. et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 7, 1952.


Attorney(s) appearing for the Case

Fennemore, Craig, Allen & Bledsoe, Phoenix, Ariz. (Thompson, Knight, Wright, Weisberg & Simmons, Dallas, Tex., of counsel), for appellant.

Evans, Hull, Kitchel & Jenckes, Jos. S. Jenckes, Jr., Phoenix, Ariz., for appellee, Eloy Gin Corp.

Theodore G. McKesson, Robert H. Renaud, Phoenix, Ariz., for appellee Home Ins. Co.

Before MATHEWS, ORR and POPE, Circuit Judges.


ORR, Circuit Judge.

Determination of the main question on this appeal requires a construction of a written contract. Appellant asserts that the contract expresses but a portion of the agreements involved and that a subsequently executed contract controlled other portions. Appellee, Eloy Gin Corporation, to whom we shall hereafter refer as Eloy, is engaged in the business of purchasing, producing, ginning and selling cotton. Its principal place of business is situate...

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