TOLEDO MACHINE & TOOL CO. v. BYERLEIN

No. 4333.

9 F.2d 279 (1925)

TOLEDO MACHINE & TOOL CO. v. BYERLEIN.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1925.


Attorney(s) appearing for the Case

H. W. Fraser, of Toledo, Ohio (Fraser, Hiett & Wall, of Toledo, Ohio, on the brief), for appellant.

Thomas G. Long, of Detroit, Mich. (Leo M. Butzel, of Detroit, Mich., on the brief), for appellee.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.


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

While there are discrepancies between the testimony of Hinde, president of the machine company, and Byerlein, in reference to their conversation on or about March 20, 1923, we do not think there is any substantial conflict in matters material to the issue in this case. Hinde testified that on the 20th of March, 1923, Byerlein told him that his contract had expired,...

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