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WAKEM & McLAUGHLIN v. CULVER

No. 5017.

28 F.2d 942 (1928)

WAKEM & McLAUGHLIN, Inc., et al. v. CULVER.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

William R. Pomerene, of Columbus, Ohio, and Louis L. Dent, of Chicago, Ill. (Pomerene & Pomerene, of Coshocton, Ohio, and Booth, Keating, Pomerene & Boulger, of Columbus, Ohio, on the brief), for plaintiffs in error.

Benson G. Watson and Oliver E. Davis, both of Columbus, Ohio (Watson, Davis & Joseph, of Columbus, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

Culver, the plaintiff below, recovered damages for breach of a contract to manufacture gloves. The defendants had agreed in the contract to furnish plaintiff the cutting dies, materials, and supplies needed for the production of the gloves, to ship the materials to points designated by plaintiff, and to pay promptly at the rate of 30 cents a dozen upon receipt of invoices for all gloves made, "invoices received in any one week not to exceed...

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