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S. L. SHEPARD & CO. v. AGWILINES, INC.

No. 160.

39 F.Supp. 528 (1941)

S. L. SHEPARD & CO. v. AGWILINES, Inc.

District Court, E. D. South Carolina.

June 13, 1941.

Attorney(s) appearing for the Case

S. L. Einhorn, of Philadelphia, Pa., and Jefferies & McLeod, of Walterboro, S. C., for plaintiffs.

A. T. Smythe, of Charleston, S. C., for defendant.

WYCHE, District Judge.

This case is based upon loss suffered by the plaintiffs, who are partners, by reason of deterioration in a shipment of four thousand, two hundred and eighty-six (4,286) crates of watermelons made by the plaintiffs on one of the vessels of the defendant from Charleston, South Carolina, to New York City, on July 8, 1939. Plaintiffs allege in their amended complaint that the defendant orally represented and agreed that if the plaintiffs allowed...

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