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KEANE v. GARTRELL

No. 18066.

334 F.2d 556 (1964)

Thomas T. KEANE, Sr., Appellant, v. Charles A. GARTRELL, trading as Charles A. Gartrell Company, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1964.

Attorney(s) appearing for the Case

Mr. Austin P. Frum, with whom Messrs. Thomas S. Jackson, Robert M. Gray and John L. Laskey, Washington, D. C., were on the brief, for appellant.

Mr. Kent D. Thorup, Washington, D. C., for appellee.

Before EDGERTON, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

EDGERTON, Senior Circuit Judge:

Appellant Keane was president of Southern Hotel Supply Company, a corporation now bankrupt. Appellee Gartrell had often supplied Southern with meat on open account. In August 1957, Southern owed Gartrell over $15,000. In response to a demand for payment, Keane wrote Gartrell the following letter on a "Southern Hotel Supply Co." letterhead:

"Dear Charlie: * * * Enclosed please find two checks, one for $832.89 reducing...

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