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APPLIANCE DISTRIBUTORS v. MERCURY ELECTRIC CORP.

No. 4529.

202 F.2d 651 (1953)

APPLIANCE DISTRIBUTORS, Inc. v. MERCURY ELECTRIC CORP.

United States Court of Appeals, Tenth Circuit.

February 27, 1953.

Attorney(s) appearing for the Case

James E. Grigsby, Oklahoma City, Okl. (Jess L. Pullen, Oklahoma City, Okl., on the brief), for appellant.

Luther Bohanon, Oklahoma City, Okl. (Lynn Adams and Bert Barefoot, Jr., Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The Mercury Electric Corporation brought this action against Appliance Distributors, Inc.,1 to recover damages for failure to accept delivery and pay for 1,200 electric awning fans pursuant to a written order. In its answer the defendant admitted the execution of the order and alleged that when the order was executed the defendant reserved the right to cancel the order at any time and that it was cancelled after...

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