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J. W. SANDERS COTTON MILL v. CAPPS

Civ. A. No. 429.

104 F.Supp. 617 (1952)

J. W. SANDERS COTTON MILL, Inc. v. CAPPS.

United States District Court. E. D. North Carolina, Wilmington Division.

May 2, 1952.

Attorney(s) appearing for the Case

L. Arnold Pyle, Jackson, Miss., William E. Timberlake, Lumberton, N. C., for plaintiff.

Isaac C. Wright, Wilmington, N. C., Carl V. Venters, Jacksonville, N. C., for defendant.

GILLIAM, District Judge.

This action was brought to recover the alleged purchase price of certain tobacco bed cloth sold and delivered to defendant on February 16, 1951, together with interest from February 26, 1951, the date payment was due. The defendant defended on the ground that the cloth delivered to him was not constructed and packed according to the terms of the order. The defendant admits that he is indebted to plaintiff in the amount of $4,505.66, representing...

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