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CARDWELL INVESTMENT CO. v. UNITED SUPPLY & MFG. CO.

No. 6082.

268 F.2d 857 (1959)

CARDWELL INVESTMENT CO., Inc., a corporation, Appellant, v. UNITED SUPPLY & MANUFACTURING CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 6, 1959.

Attorney(s) appearing for the Case

William Tinker, Wichita, Kan. (Getto McDonald, Arthur W. Skaer, Jr., Hugh P. Quinn, William Porter, Alvin D. Herrington, Darrell D. Kellogg, Wichita, Kan., Harry L. Dyer, William K. Powers, Deryl Lee Gotcher, James D. Bass, and Thomas G. Marsh, Tulsa, Okl., were with him on the brief), for appellant.

Thomas A. Landrith, Jr., Tulsa, Okl., for appellee.

Before MURRAH, PICKETT, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The prime issue is whether there was a novation. Appellant-defendant, Cardwell Investment Company, Inc., owned two oil drilling rigs which it sold to Smith under a conditional sale contract. Smith later entered into a lease-purchase agreement with Bushager covering the rigs. While this agreement was in effect, Bushager mortgaged the rigs to appellee-plaintiff, United Supply and Manufacturing Company. Smith desired to be relieved of his...

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