O. L. STANARD DRY GOODS CO. v. TACKETT

No. 4859.

23 F.2d 919 (1928)

O. L. STANARD DRY GOODS CO. v. TACKETT.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1928.


Attorney(s) appearing for the Case

S. S. McNeer, of Huntington, W. Va., and John L. Smith, of Catlettsburg, Ky. (Livezey & McNeer, of Huntington, W. Va., and Martin & Smith, of Catlettsburg, Ky., on the brief), for appellant.

B. S. Wilson, of Ashland, Ky. (John N. Hamilton, of Prestonsburg, Ky., on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


PER CURIAM.

No objection has been made here or was made below to the jurisdiction in equity; and there is enough color of equity jurisdiction in the relation of the proceeding to the rescission of a contract, with the equivalent of reclamation, to warrant us in treating the question as waived. Warmath v. O'Daniel (C. C. A.) 159 F. 87, 16 L. R. A. (N. S.) 414; Audit Co. v. City of Louisville (C. C. A.) 185 F. 349.

It appeared from the proofs that, within the...

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