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GATES v. CARBON HILL COAL CO.

No. 4242.

1 F.2d 848 (1924)

GATES v. CARBON HILL COAL CO.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1924.

Attorney(s) appearing for the Case

Benton Embree, of Seattle, Wash., for plaintiff in error.

Donworth, Todd & Higgins and R. M. Burgunder, all of Seattle, Wash., for defendant in error.

Before HUNT and RUDKIN, Circuit Judges, and BOURQUIN, District Judge.

RUDKIN, Circuit Judge (after stating the facts as above).

Section 5825, 2 Rem. Comp. Stats. provides as follows:

"In the following cases specified in this section, any agreement, contract and promise shall be void, unless such agreement, contract or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized, that is to say: * * * (5) An agreement authorizing...

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