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TROY REFINING CORP. v. SLAGTER OIL & GREASE CO.

No. 99.

61 F.Supp. 369 (1945)

TROY REFINING CORPORATION v. SLAGTER OIL & GREASE CO.

District Court, W. D. Kentucky, Owensboro.

July 21, 1945.

Attorney(s) appearing for the Case

R. Miller Holland, of Owensboro, Ky., for plaintiff.

Edward B. Hayes and Lord, Bissel & Kadyk, all of Chicago, Ill., and Wilbur K. Miller and Cary, Miller & Kirk, all of Owensboro, Ky., for defendant.

SWINFORD, District Judge.

This is an action to recover the purchase price of a quantity of heavy fuel oil which the plaintiff alleges it sold and delivered to the defendant.

By an oral contract the plaintiff sold to the defendant a quantity of heavy fuel oil to be delivered to the defendant at the plaintiff's dock, by being loaded into a barge spotted at the plaintiff's dock by the defendant, or a common carrier employed by the defendant. The plaintiff's dock...

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