EVANS v. ELY

No. 3348.

13 F.2d 62 (1926)

EVANS v. ELY.

Circuit Court of Appeals, Third Circuit.

May 28, 1926.


Attorney(s) appearing for the Case

Isaac A. Pennypacker and Henry, Pepper, Bodine & Stokes, all of Philadelphia, Pa., for plaintiff in error.

James Frank Shrader and Gill, Guckes & Shrader, all of Philadelphia, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

This suit is in assumpsit on a breach of an implied warranty. The theory of the action is that the plaintiff orally agreed to sell all the stock of the Home Manufacturing Light & Power Company to the Wilmington & Philadelphia Traction Company, corporations of different states, under a contract made with the defendant, president of the latter corporation, on his representation that he had authority to make the contract; that in fact...

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