MORGAN v. PATILLO

No. 5141.

24 F.2d 204 (1928)

MORGAN v. PATILLO.

Circuit Court of Appeals, Fifth Circuit.

February 28, 1928.


Attorney(s) appearing for the Case

Wm. M. Toomer, W. T. Stockton, Herman Ulmer, and Charles H. Murchison, all of Jacksonville, Fla. (Stockton, Ulmer & Murchison, of Jacksonville, Fla., on the brief), for appellant.

Grover Middlebrooks and Shepard Bryan, both of Atlanta, Ga., and George C. Bedell, of Jacksonville, Fla. (Chester Bedell, of Jacksonville, Fla., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

When this case was here before, a decree sustaining a motion of the appellee to dismiss the bill was reversed. Morgan v. Patillo (C. C. A.) 297 F. 140. After the remandment of the case appellee's answer to the bill put in issue its allegations as to the making of a contract by the parties.

We are of opinion that the evidence adduced was not such as to require the conclusion that those allegations were sustained. The evidence was consistent...

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