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M. & R. CONSTRUCTION CO. v. NATIONAL HOMES CORP.

No. 18388.

286 F.2d 638 (1961)

M. & R. CONSTRUCTION COMPANY, a partnership composed of Jack A. Roberts et al. and Jack A. Roberts et al., Individually, Appellants, v. NATIONAL HOMES CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

January 12, 1961.

Attorney(s) appearing for the Case

Winston B. McCall, A. W. Jones, Birmingham, Ala., William S. Pritchard, Pritchard, McCall & Jones, Birmingham, Ala., of counsel, for appellants.

George I. Case, Jr., and McGowen & McGowen, Birmingham, Ala., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This action sought payment for goods sold and delivered by plaintiff to defendants in accordance with a written contract between the parties. The jury returned a verdict for the plaintiff in the amount of $10,030.39, and the district court entered judgment pursuant to that verdict. The defendants, appellants, insist that the district court erred in denying their motions for a directed verdict and for judgment notwithstanding the verdict on the...

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