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HOWELL v. GROCERS, INC.

No. 4060.

2 F.2d 499 (1924)

HOWELL et al. v. GROCERS, Inc.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1924.

Attorney(s) appearing for the Case

Charles E. Lewis, of Detroit, Mich. (Warren, Cady, Hill & Hamblen, of Detroit, Mich., and Armstrong, Keith & Kern, of New York City, on the brief), for plaintiffs in error.

Burritt Hamilton and Henry F. Jacobs, both of Battle Creek, Mich., for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DONAHUE, Circuit Judge.

It is not only impracticable, but unnecessary, to review in detail the seventy assignments of error. It is insisted upon the part of the plaintiff in error that the written telegrams and letters exchanged between the broker and the defendant, and the entries in the broker's journal, constitute a written contract, that it was error on the part of the court to admit evidence tending to prove custom or other parol evidence to vary its terms, and...

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