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McCULLOUGH ET AL. v. ROOTS ET AL.

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60 U.S. 349 (1857)

19 How. 349

15 L.Ed. 681

JOHN McCULLOUGH AND CYRUS D. CULBERTSON, PLAINTIFFS IN ERROR, v. GURNSEY Y. ROOTS AND ERASTUS P. COE.

Supreme Court of United States.

March 5, 1857.

Attorney(s) appearing for the Case

It was argued by Mr. Schley for the plaintiffs in error, and by Mr. Dobbin and Mr. Johnson for the defendants.

Mr. Justice CAMPBELL delivered the opinion of the court.

The plaintiffs below (Roots & Coe) sued the defendants (McCullough et al.) in general indebitatus assumpsit, in the Circuit Court, for the price of a quantity of hams in tierces which they claim to have sold and delivered to them. The plaintiffs are merchants in Cincinnati, Ohio, who, on their own account, and as agents for Adams & Buckingham, of New York, in November, 1853, contracted with Henry Lewis...

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