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F. H. SMITH CO. v. LOW

No. 4471.

18 F.2d 817 (1927)

F. H. SMITH CO. et al. v. LOW.

Court of Appeals of District of Columbia.

Decided April 4, 1927.

Attorney(s) appearing for the Case

R. G. Donaldson, Hayden Johnson, and V. E. West, all of Washington, D. C., for appellants.

S. C. Peellee and C. F. R. Ogibly, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

This is an appeal from a judgment of the lower court, entered upon the verdict of a jury, awarding appellee, Frank M. Low, damages in the sum of $35,000 in an action for fraud and deceit, brought by him against appellants, the F. H. Smith Company and J. Eris Powell.

Appellee, as plaintiff below, charged in his declaration that in the year 1923 the defendants, the F. H. Smith Company and J. Eris Powell, its president, were actively engaged...

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