TIFFANY INDUSTRIES v. COMMERCIAL GRAIN BIN CO.

No. 82-2063.

714 F.2d 799 (1983)

TIFFANY INDUSTRIES, INC., d/b/a Superior Equipment Manufacturing Company, Appellee, v. COMMERCIAL GRAIN BIN COMPANY, INC. and Jim T. McDaniel, Appellants. Al Arcand, James D. Carr and Thomas Sprinkle.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1983.


Attorney(s) appearing for the Case

Steinberg & Crotzer, Darold E. Crotzer, Jr., Michael E. Gans, Clayton, Mo., Penix, Penix, Mixon & Lusby, Donn Mixon, Jonesboro, Ark., for appellee.

Bill D. Etter, Jonesboro, Ark., for appellants.

Before HEANEY, BRIGHT and FAGG, Circuit Judges.


PER CURIAM.

Tiffany Industries, Inc., d/b/a Superior Equipment Manufacturing Company (hereinafter "Tiffany") contracted with Commercial Grain Bin, Inc. and its president Jim McDaniel (hereinafter jointly referred to as "McDaniel") to market, sell, and distribute Tiffany's grain bins. Tiffany shipped merchandise to McDaniel and billed on open account. When the account became delinquent, Tiffany sued McDaniel in the United States District Court for the Eastern District...

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