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ANDERSON-THOMPSON, INC. v. LOGAN GRAIN COMPANY

No. 5343.

238 F.2d 598 (1956)

ANDERSON-THOMPSON, Inc., Appellant, v. LOGAN GRAIN COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 16, 1956.

Attorney(s) appearing for the Case

Charles H. Haines, Jr., Denver, Colo. (Grant, Shafroth & Toll, Denver, Colo., Ham, Johnson & Shinn and Harlan Johnson, Lamar, Colo., on the brief), for appellant.

Alfred P. Davis and James L. Tilly, Denver, Colo. (Tilly & Skelton, Denver, Colo., and William Stowell, Phillipsburg, Kan., on the brief), for appellee.

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

PHILLIPS, Circuit Judge.

On June 28, 1954, Logan Grain Company1 brought this action against Anderson-Thompson, Inc.2 to recover $2,687.50, the balance due on a contract of sale of 500 bags of sumac seed and $318.75 for storage charges, on account of the failure and refusal of the buyer to receive delivery of 250 bags of such seed.

Thereafter, on October 25, 1955, the seller filed a supplemental complaint...

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