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DAYTON RUBBER MFG. CO. OF DELAWARE v. SABRA

No. 5607.

31 F.2d 9 (1929)

DAYTON RUBBER MFG. CO. OF DELAWARE v. SABRA et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 4, 1929.

Attorney(s) appearing for the Case

Armstrong, Lewis & Kramer, of Phœnix, Ariz., for appellant.

Flanigan & Fields, of Phœnix, Ariz., for appellees.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

BEAN, District Judge.

This is an action on a contract made in June, 1923, between the Dayton Rubber Manufacturing Company, and John Sabra, referred to therein as the "Factor," and Mrs. Sabra and George J. Wintermute, referred to therein as "Guarantors," effective when approved by the representative of the company at Dayton, Ohio. By the terms of the contract, the company agreed to ship to Sabra at Phœnix, Ariz., automobile tires for sale by him in the ordinary...

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