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KENNEDY LUMBER CO. v. RICKBORN

No. 2928.

40 F.2d 228 (1930)

KENNEDY LUMBER CO. v. RICKBORN et al.

Circuit Court of Appeals, Fourth Circuit.

April 8, 1930.

Attorney(s) appearing for the Case

Robert McC. Figg, Jr., of Charleston, S. C. (R. Lon Weeks, of St. George, S. C., and Simeon Hyde and Hyde, Mann & Figg, all of Charleston, S. C., on the brief), for appellant.

W. Herman Pearcy, of St. George, S. C. (St. Clair Muckenfuss, of St. George, S. C., on the brief), for appellees.

Before WADDILL and NORTHCOTT, Circuit Judges, and HAYES, District Judge.

HAYES, District Judge.

(1) This case presents two questions for review: The refusal of the court to direct a verdict for the plaintiff for that there is not sufficient evidence to justify a verdict in favor of the defendants upon any item of the counterclaim; (2) a general exception to the entire charge on the counterclaim. The appellant (plaintiff) brought an action against the defendants to recover the balance due on notes executed for advances made by the plaintiff...

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