GILL EQUIPMENT CO. v. KAUFMAN

No. 13745.

196 F.2d 800 (1952)

GILL EQUIPMENT CO. v. KAUFMAN.

United States Court of Appeals, Fifth Circuit.

May 10, 1952.


Attorney(s) appearing for the Case

Robert S. Sams, Atlanta, Ga., for appellant.

Reuben A. Garland, Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


JOSEPH C. HUTCHESON, Chief Judge.

Alleging that he had bought, and paid fifty-four thousand dollars for, a Model 54-B Bucyrus — Erie Shovel, complete with Shovel Front attachment, but that defendant did not have clear title to, and had not, as it had agreed to do, delivered the shovel front to him or put him in possession, of it, plaintiff brought this suit to recover $10,598.12, the value thereof.

The defendant, admitting the purchase as alleged, denied...

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