McCarthy v. Wynne

PHILLIPS, Circuit Judge.

This cause was before this court on a prior appeal. See Wynne v. McCarthy, 10 Cir., 97 F.2d 964.

Colonial Supply Company, an Oklahoma corporation,, hereinafter referred to as Colonial, was engaged in the business of selling oil well supplies. It maintained stocks at Henryetta and Wewoka, Oklahoma. On December 19, 1924, Colonial and McCarthy entered into a written contract whereby Colonial agreed to sell to McCarthy approximately 65 per cent of the supplies located at Henryetta and Wewoka, at 75 per cent of the then factory price thereof, and to consign to McCarthy the…