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FAIRBANKS, MORSE & CO. v. LAKE UNION DRY DOCK & MACH. WORKS

No. 5634.

31 F.2d 414 (1929)

FAIRBANKS, MORSE & CO. v. LAKE UNION DRY DOCK & MACHINE WORKS.

Circuit Court of Appeals, Ninth Circuit.

March 11, 1929.

Attorney(s) appearing for the Case

Cosgrove & Terhune, of Seattle, Wash., for appellant.

Ira Bronson, H. B. Jones, and Robert E. Bronson, all of Seattle, Wash., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

RUDKIN, Circuit Judge.

This was an action by Lake Union Dry Dock & Machine Works against Fairbanks, Morse & Co., on a trade acceptance executed by the latter through C. R. Miller, as agent. The authority of Miller to execute the trade acceptance on behalf of Fairbanks, Morse & Co. was the only question at issue in the court below. The court, sitting without a jury, determined that issue in favor of the plaintiff, and gave judgment accordingly. The defendant...

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