MINUTE MAID CORPORATION v. UNITED FOODS, INC.

No. 18697.

291 F.2d 577 (1961)

MINUTE MAID CORPORATION, Appellant, v. UNITED FOODS, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1961.


Attorney(s) appearing for the Case

William C. Garrett, Wilmer D. Masterson, III, Dallas, Tex., Kilgore & Kilgore, Dallas, Tex., for appellant.

H. T. Bowyer, Dallas, Tex., H. Fred Gober, Atlanta, Ga., Bowyer, Thomas, Crozier & Harris, Dallas, Tex., for appellee, United States Cold Storage Corp.

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


TUTTLE, Chief Judge.

This is an appeal from a judgment of the trial court, sitting without a jury, denying a recovery from United States Cold Storage Corporation by the appellant for the purchase price of commodities sold by it to the United Foods, Inc.

Appellant's theory of recovery was that United Foods, Inc., a direct purchaser from it, was engaged in a partnership operation with the Cold Storage Corporation, thus making Cold Storage liable for the unpaid...

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