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TRACTOR SUPPLY & OVERSEAS EXCH. CO. v. ELLARD CONTR. CO.

Civ. A. No. 7508.

119 F.Supp. 814 (1954)

TRACTOR SUPPLY & OVERSEAS EXCHANGE CORP. v. ELLARD CONTRACTING CO., Inc.

United States District Court N. D. Alabama, S. D.

March 16, 1954.

Attorney(s) appearing for the Case

Harry B. Cohen, Birmingham, Ala., for plaintiff.

Memory L. Robinson and Reid B. Barnes (of Lange, Simpson, Robinson & Somerville), Birmingham, Ala., for defendant.

GROOMS, District Judge.

This is an action for breach of contract to sell plaintiff three D-8 Caterpillar tractors. Defendant moves for a summary judgment, asserting that there was no note or memorandum in writing of any contract of sale signed by it, or by any agent in its behalf, and that there was no receipt and acceptance by the plaintiff of any part of the goods made the basis of the complaint, and that there was no giving of something in earnest to bind any contract...

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