RAPP v. KING

No. 4620.

16 F.2d 392 (1927)

RAPP v. KING.

Circuit Court of Appeals, Sixth Circuit.

January 6, 1927.


Attorney(s) appearing for the Case

Otto Pfleger, of Cincinnati, Ohio (Colon Schott, of Cincinnati, Ohio, on the brief), for plaintiff in error.

Chas. H. Stephens, Jr., of Cincinnati, Ohio (Stephens, Lincoln & Stephens, of Cincinnati, Ohio, and B. S. Wilson, of Ashland, Ky., on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and WESTENHAVER, District Judge.


WESTENHAVER, District Judge.

This is an action upon a contract. The plaintiff in error, also plaintiff below, recovered a verdict and judgment for $550.90. As he wants more, he prosecutes error to reverse the judgment. Numerous complaints are made, which can be best understood and disposed of by a rather full statement of the issues and of the rulings of the trial court.

Plaintiff's petition alleges that on March 10, 1919, defendant, a producer of coal, agreed...

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