Covington Cotton Oil Co. v. Bickmore Nitrating Cotton Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Georgia; Wm, T. Newman, Judge. Action by the Bickmore Nitrating Cotton Company, Incorporated, against the Covington Cotton Oil Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BRYAN, Circuit Judge.
Defendant in error was plaintiff below, and' brought suit to recover damages for breach of a contract for the salé and future delivery to it by defendant of 500 bales of cotton seed linters. Defendant admitted the execution of the contract, and that plaintiff had lost profits in the amount claimed as damages, but set up in its answer the affirmative defense that it was induced to enter into the contract by false and fraudulent representations of plaintiff’s financial responsibility. Descending to particulars, the answer alleged that the business manager of the plaintiff…
2Cited by1 opinion
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