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TRANSAMMONIA EXPORT CORP. v. CONSERV, INC.

No. 75-3696.

554 F.2d 719 (1977)

TRANSAMMONIA EXPORT CORPORATION, Plaintiff-Appellant Cross Appellee, v. CONSERV, INC., Defendant-Appellee Cross Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 1977.

Attorney(s) appearing for the Case

Monterey Campbell, Bartow, Fla., for plaintiff-appellant cross appellee.

E. Snow Martin, Michael D. Martin, Lakeland, Fla., for defendant-appellee cross appellant.

Before WISDOM and GEE, Circuit Judges and BOOTLE, District Judge.

WISDOM, Circuit Judge:

The issue in this breach of contract action is whether sufficient evidence supports the jury's verdict. In its general verdict the jury necessarily decided that an oral contract for the sale of anhydrous ammonia existed between the parties but that the plaintiff should not receive the full amount of its alleged damages. The defendant-appellee, Conserv, Inc., challenges the imposition of liability for breach of the oral contract; the plaintiff...

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