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OZITE CORP. v. F.C. CLOTHIER & SONS CORP.

No. 11249.

130 Ill. App.2d 716 (1970)

264 N.E.2d 833

OZITE CORPORATION, Plaintiff-Appellant, v. F.C. CLOTHIER & SONS CORP., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

December 17, 1970.

Attorney(s) appearing for the Case

Carlon and Carlon, of Normal, for appellants.

Fleming, Messman & Lapan, of Bloomington, for appellee.

Reversed and remanded with instructions.

Mr. JUSTICE CHAMBERLAIN delivered the opinion of the court:

The Ozite Corporation, hereinafter referred to as "seller", brought an action against the F.C. Clothier and Sons Corporation, hereinafter referred to as "buyer", for goods delivered. From a denial of full judgment, plaintiff appeals.

The defendant, in September of 1966, had received $550.00 worth of padding for carpeting. The shipment consisted of twenty...

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