MAHER v. LANDRETH

No. 5130.

22 F.2d 752 (1927)

MAHER et al. v. LANDRETH.

Circuit Court of Appeals, Fifth Circuit.

December 2, 1927.


Attorney(s) appearing for the Case

A. E. Spencer, of Joplin, Mo., J. M. Wagstaff, of Abilene, Tex., and R. M. Sheppard, of Kansas City, Mo. (Wagstaff, Harwell & Wagstaff, of Abilene, Tex., on the brief), for appellants.

C. L. McCartney, of Brownwood, Tex., and Howard Gray, of Carthage, Mo. (McCartney, Foster & McGee, of Brownwood, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

A number of persons who reside in Joplin, Mo., raised a fund of $75,000, which in March of 1919 they intrusted to E. A. Landreth, to buy and sell, in his discretion, oil lands and leases in the state of Texas. The venture resulted in a dividend of 100 per cent. and some additional profits. Appellants contributed $33,250 to the fund, and brought this suit against Landreth, alleging that he had failed properly to account for all the profits.

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