SOUTHERN SURETY CO. v. MacMILLAN CO.

No. 535.

58 F.2d 541 (1932)

SOUTHERN SURETY CO. v. MacMILLAN CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 23, 1932.


Attorney(s) appearing for the Case

Paul Pinson, of Tulsa, Okl. (R. C. Allen, I. J. Underwood, and Sam S. Canterbury, all of Tulsa, Okl., on the brief), for appellant.

Bruce McClelland, Jr., of Oklahoma City, Okl. (Philip Pierce, Louie G. Kneeland, and Robert O. Bailey, all of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.


McDERMOTT, Circuit Judge.

The appellee recovered a judgment of $17,890.66 upon a bond issued by appellant by which the performance of a certain contract between the Oklahoma Book Company and appellee was assured. The trial was without a jury, and upon a stipulation as to the evidentiary facts. The principal error assigned is that the trial court denied defendant's motion for judgment on such facts. The petition alleged the...

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