STUMBO v. BREECE MFG. CO.

No. 4323.

8 F.2d 1022 (1925)

W. L. STUMBO, Appellant, v. BREECE MFG. CO., Appellee.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1925.


Attorney(s) appearing for the Case

George B. Martin, of Catlettsburg, Ky. (A. J. May and B. F. Combs, both of Prestonsburg, Ky., and Martin & Smith, of Catlettsburg, Ky., on the brief), for appellant.

Albion Z. Blair, of Portsmouth, Ohio, and S. S. Willis, of Ashland, Ky., for appellee.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.


MACK, Circuit Judge.

On cross-petition to an action for balance due on sale of lumber, begun in the state court and removed, the court decreed reformation of the sales contract by fixing the price at "per cube," instead of "per cubic foot," as stated in the writing, on the ground of mutual mistake, and dismissal accordingly of the plaintiff's petition.

In view of the procedure which we deem essential in the interest of justice, we find it unnecessary to review...

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