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Contracts Keyed to Marshall
Minnesota Licensed Oil Co. v. Collier White Lead Co.
Citation:17 F. Cas. 447 (1876)
The plaintiff seeks to recover the sum of $2,151.50, with interest from September 20, 1875—a balance claimed to be due for oil sold to the defendant. The defendant, in its answer, alleges that on August 3, 1875, a contract was entered into between the parties, whereby the plaintiff agreed to sell and deliver to the defendant, at the city of St. Louis, during the said month of August, twelve thousand four hundred and fifty gallons of linseed oil for the price of fifty-eight cents per gallon, and that the plaintiff has neglected and refused to deliver the oil according to the contract; that the market value of oil after August 3 and during the month was not less than seventy cents per gallon, and therefore claims a set-off or counter-claim to plaintiff’s cause of action. The reply of the plaintiff denies that any contract was entered into between it and defendant.
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