Farrey's, Inc. v. Supplee-Biddle Hardware Co.

CLARY, District Judge.

The plaintiff herein is a Florida corporation engaged in the general hardware business, both wholesale and retail, at Miami, Florida. The defendant is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and is engaged in the general wholesale hardware business in the City of Philadelphia.

During the month of August, 1943, defendant purchased from the United States Government some surplus reels of 12i/£ gauge, 4 point black barbed wire with barbs Yi inch to % inch long with 3 inch spacing, in reels weighing 56 pounds. In advertising the…