FIDELITY FUEL CO. v. MARTIN HOWE COAL CO.

No. 3724.

15 F.2d 470 (1926)

FIDELITY FUEL CO. v. MARTIN HOWE COAL CO.

Circuit Court of Appeals, Seventh Circuit.

November 22, 1926.


Attorney(s) appearing for the Case

E. B. Wilkinson, of Chicago, Ill., for plaintiff in error.

J. Sidney Condit, of Chicago, Ill., for defendant in error.

Before ALSCHULER, EVANS, and ANDERSON, Circuit Judges.


EVAN A. EVANS, Circuit Judge.

Plaintiff brought this action to recover damages for alleged breach of contract. The District Court directed a verdict for defendant, and this writ of error is to review the judgment dismissing the action. More specifically stated, the question for us to determine is whether the evidence justified the court in submitting to the jury two questions: (a) Did the parties enter into a contract? And, if so, (b) was defendant's refusal to deliver...

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