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JAS. BARCLAY & CO. v. BAILEY

No. 126.

34 F.Supp. 665 (1940)

JAS. BARCLAY & CO., Limited, v. BAILEY.

District Court, E. D. Tennessee, S. D.

May 8, 1940.

Attorney(s) appearing for the Case

C. W. K. Meacham and E. K. Meacham, both of Chattanooga, Tenn., for plaintiff.

B. B. Gullett, of Nashville, Tenn., and Frazier & Roberts, of Chattanooga, Tenn., for defendant.

DARR, District Judge.

This case is before the Court on a motion by the plaintiff for a summary judgment.

The complaint seeks a judgment for an account held by the plaintiff against the defendant. The defendant does not deny the correctness of the account but interposes a counter-claim for damages based upon the breach of contract.

This contract is in writing and the question of summary judgment is to be determined on whether, upon its face, this contract...

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