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SABINE LUMBER CO. v. BRODERICK

No. 7895.

88 F.2d 586 (1937)

SABINE LUMBER CO. v. BRODERICK et al. BRODERICK et al. v. SABINE LUMBER CO.

Circuit Court of Appeals, Fifth Circuit.

March 6, 1937.

Attorney(s) appearing for the Case

Elmo P. Lee, of Shreveport, La., and Tinsley Gilmer, of Lake Charles, La., for appellant and cross-appellee.

E. Wayles Browne and Sidney G. Myers, both of Shreveport, La., and U. M. Simon, of Fort Worth, Tex., for appellees and cross-appellants.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellees, A. J. Broderick and George Calvert, brought this suit against appellant, Sabine Lumber Company, to recover damages exceeding $28,000, for breach of warranty of a mineral lease, of five acres of land in Sabine parish, La., executed to them by defendant. An exception of no cause of action was overruled, the jury was waived, and judgment was entered by the court, allowing a recovery of $7,500, the cost of the lease and the further sum...

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