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SIMMONS v. SWAN

No. 1869.

11 F.2d 267 (1926)

SIMMONS v. SWAN.

Circuit Court of Appeals, First Circuit.

March 3, 1926.

Attorney(s) appearing for the Case

William J. Malone, of Bristol, Conn., and Percy S. Bryant, of Hartford, Conn. (Morris S. Falk, of Hartford, Conn., on the brief), for plaintiff in error.

Charles Fairhurst, of Greenfield, Mass. (William A. Davenport, of Greenfield, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action for breach of contract entered into between the plaintiff and the defendant on September 13, 1923.

In the declaration, after setting out the citizenship of the parties and the contract, the plaintiff alleged that, "at the time specified in said contract, the plaintiff was ready, able, and willing to perform all acts and things required of him to be done and performed by the terms of said contract, and offered to the...

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