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CAMILLA COTTON OIL CO. v. SPENCER KELLOGG AND SONS

No. 17024.

257 F.2d 162 (1958)

CAMILLA COTTON OIL COMPANY and George M. Perry, Sr., Appellants, v. SPENCER KELLOGG AND SONS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 30, 1958.

Attorney(s) appearing for the Case

R. Lamar Moore, Waldo DeLoache, Moore, Gibson, DeLoache & Gardner, Moultrie, Ga., for Camilla Cotton Oil Co. and George M. Perry, Sr., appellants.

Hoyt H. Whelchel, Jr., Hoyt H. Whelchel, Whelchel & Whelchel, Moultrie, Ga., for Spencer Kellogg and Sons, Inc., appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This appeal began as a suit on a promissory note executed by Camilla Cotton Oil Company and endorsed personally by its president, George M. Perry, payable to Spencer Kellogg covering a portion1 of the purchase price of two used cotton seed oil expellers bought by Camilla from Spencer Kellogg under a conditional sale contract. In its original complaint, Spencer Kellogg sought interest, late charges and attorneys...

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