CHARLES S. BANNETT, INC. v. INDEMNITY INS. CO. OF NORTH AMERICA

No. 5066.

67 F.2d 987 (1933)

CHARLES S. BANNETT, Inc., et al., Appellants, v. INDEMNITY INS. CO. OF NORTH AMERICA, Appellee.

Circuit Court of Appeals, Third Circuit.

Petition for Rehearing Withdrawn by Stipulation October 12, 1933.


Attorney(s) appearing for the Case

Lewis M. Stevens and William C. Schwebel, both of Philadelphia, for appellants.

Herbert A. Barton and Swartz & Campbell, all of Philadelphia, for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

No precedent or principle of law is involved in this case. The sole question is the construction of a written contract. In the court below such contract was elaborately discussed by the judge, who held that under it the appellant had no valid counterclaim against the plaintiff and judgment for the latter was entered for its admitted claim. Thereupon the defendant took this appeal.

Agreeing, as we do, with the lower court's construction...

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