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KAPLAN v. SWARTZ

No. 2442.

41 F.2d 177 (1930)

KAPLAN et al. v. SWARTZ.

Circuit Court of Appeals, First Circuit.

June 5, 1930.

Attorney(s) appearing for the Case

Francis M. Carroll, of Boston, Mass. (John T. Storrs, of Ware, Mass., and Leon R. Eyges, of Boston, Mass., on the brief), for appellants.

Elisha Greenhood, of Boston, Mass., for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is the same case that was previously before this court on cross-appeals in 23 F.2d 273, and which was remanded for a new trial because of error in the instructions on the question of damages.

At this trial, as at the former one, the trial was had upon the third count and not upon the first two, which were for a broker's commission. The third count sets out a contract, said to have been made June...

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