SUBURBAN IMP. CO. v. SCOTT LUMBER CO.

No. 3263.

59 F.2d 711 (1932)

SUBURBAN IMP. CO. v. SCOTT LUMBER CO. et al.

Circuit Court of Appeals, Fourth Circuit.

June 13, 1932.


Attorney(s) appearing for the Case

John A. Howard, of Wheeling, W. Va. (Howard & Howard, William C. Howard, and John A. Howard, Jr., all of Wheeling, W. Va., on the brief), for appellant.

Frank W. Nesbitt, of Wheeling, W. Va. (Nesbitt & Nesbitt and Russell G. Nesbitt, all of Wheeling, W. Va., on the brief), for appellee Scott Lumber Co.

Before PARKER and NORTHCOTT, Circuit Judges, and PAUL, District Judge.


PARKER, Circuit Judge.

This is an appeal from a decree dismissing a bill in which complainant asked specific performance of a contract, that the amount due under it be set off against a claim for which defendant had filed a mechanic's lien on complainant's property, and that a mandatory injunction issue requiring defendant to cancel the lien as a cloud on the title of the property. The answer, in addition to denying the allegations of the bill, asserted as a counterclaim...

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