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ROANOKE CITY MILLS v. WHELCHEL

No. 14291.

208 F.2d 66 (1953)

ROANOKE CITY MILLS, Inc. v. WHELCHEL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 5, 1954.

Attorney(s) appearing for the Case

Kenyon, Kenyon & Gunter, W. B. Gunter, E. D. Kenyon and A. R. Kenyon, Gainesville, Ga., for appellant.

R. Wilson Smith, Jr., and B. F. Whelchel, Gainesville, Ga., for appellee.

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

RIVES, Circuit Judge.

Roanoke City Mills sued Wade H. Whelchel for $52,189.62 for chicken feed sold him on open account. The defendant moved for a more definite statement and plaintiff's response disclosed that plaintiff between May 12, 1948 and June 18, 1951 sold and delivered to the defendant chicken feed for an aggregate sale price of $173,834.98, upon which the defendant had paid $121,645.36 leaving a balance due and unpaid of $52,189.62.

At a pre-trial...

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