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IN RE BROFER COAL & MINING CO.

No. 3485.

4 F.2d 353 (1925)

In re BROFER COAL & MINING CO. WHITNEY-KEMMERER v. KEARNS, Municipal Court Clerk, et al.

Circuit Court of Appeals, Seventh Circuit.

February 3, 1925.

Attorney(s) appearing for the Case

John D. Clancy, of Chicago, Ill., for petitioner.

Fred B. Hovey, of Chicago, Ill., for respondents.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

PAGE, Circuit Judge.

In a suit in the municipal court of Chicago to recover unliquidated damages for violation of a contract, defendant, more than four months before its bankruptcy, tendered unconditionally in open court an amount admitted to be due. The court ruled that such sum should be received as a tender by the clerk, to be held until the further order of court. Within the four months before defendant was adjudged a bankrupt...

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