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LOW v. SUTHERLIN, BARRY & CO.

No. 6173.

47 F.2d 62 (1931)

LOW v. SUTHERLIN, BARRY & CO., Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Ewell D. Moore and D. A. Knapp, both of Los Angeles, Cal., for appellant.

Joseph L. Lewinson, Royal Martineau, and Warren Stratton, all of Los Angeles, Cal., for appellees.

Before RUDKIN and WILBUR, Circuit Judges, and SAWTELLE, District Judge.

RUDKIN, Circuit Judge.

April 22, 1925, Grace E. Low and Charles H. Low, her husband, entered into a written contract with Sutherlin, Barry & Co., Inc., wherein the Lows agreed to issue first mortgage bonds in the sum of $295,000, secured by mortgage or deed of trust on certain real property situate in the city of Los Angeles, and Sutherlin, Barry & Co. agreed to purchase the bonds so issued at 90 per cent. of their par or face value, plus accrued interest...

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