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CABANNE v. DE WITT

No. 3377.

10 F.2d 504 (1926)

CABANNE et al. v. DE WITT.

Circuit Court of Appeals, Third Circuit.

February 16, 1926.

Attorney(s) appearing for the Case

Burtis S. Horner, of Newark, N. J., and Boyle & Priest and George T. Priest, all of St. Louis, Mo. (Lindabury, De Pue & Faulks, of Newark, N. J., of counsel), for plaintiffs in error.

Benjamin P. De Witt, of New York City (Roger Hinds, of New York City, of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This case was tried (with one additional matter) on substantially the same evidence which, on the previous writ of error, we said was enough to warrant the submission of the case to the jury. 2 F.2d 322. The issue at the first trial, as at the second, concerned the liability of the defendants, as principals, on a contract made by their agent with the plaintiff, based primarily on their authorization and secondarily...

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