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VINCENT v. CONTINENTAL GRAIN CO.

No. 14032.

202 F.2d 6 (1953)

VINCENT et al. v. CONTINENTAL GRAIN CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 5, 1953.

Attorney(s) appearing for the Case

H. A. Berry, Amarillo, Tex., James W. Witherspoon, Hereford, Tex., Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, Tex., for appellant.

Wm. H. Evans, Lubbock, Tex., Klett, Bean & Evans, Lubbock, Tex., for appellee.

Before HOLMES, RUSSELL, and STRUM, Circuit Judges.

RUSSELL, Circuit Judge.

Appellee, as assignee of Clayton Carter, filed this suit against J. H. Vincent to recover damages alleged to have resulted from Vincent's breach of a contract entered into between him and Carter "by telephone conversation which was later confirmed in writing." Carter, the only witness called to testify, related that on June 5, 1947, he had a telephone conversation with Vincent which resulted in his agreeing to buy, and Vincent agreeing to sell...

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