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TEXTILE SUPPLIES, INC. v. GARRETT

No. 81-4453 Summary Calendar.

687 F.2d 123 (1982)

TEXTILE SUPPLIES, INC., Plaintiff-Appellant, v. Charles GARRETT, d/b/a Carpet Center, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 1, 1982.

Attorney(s) appearing for the Case

Lee N. Perry, White & Moore, D. Knox White, Gulfport, Miss., for plaintiff-appellant.

William L. Denton, Biloxi, Miss., for defendant-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In this bench-trial diversity case a wholesaler seeks to recover from a retailer for carpets sold on open account and for other carpets received but not paid for by the retailer. Although the retailer admitted owing "somebody" about $10,000 even after deducting all expenses, he was found to owe nothing, and the receipt of monies by the wholesaler's salesman, who was found to lack either actual or apparent authority, was held to constitute...

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