FRICK CO. v. RUBEL CORPORATION

No. 153.

62 F.2d 768 (1933)

FRICK CO. v. RUBEL CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 23, 1933.


Attorney(s) appearing for the Case

Jacob A. Freedman, of Brooklyn, N. Y. (Stephen Callaghan, of New York City, and Louis R. Patur, of Brooklyn, N. Y., on the brief), for appellant.

Wise & Seligsberg, of New York City (Leon Lauterstein and Emanuel Dankowitz, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This action was properly a part of action No. 1 between the same parties, which we have decided in an opinion handed down herewith. 62 F.2d 765. Two of the contracts there mentioned contained a clause as follows: "In case seller is compelled to place this contract in the hands of an attorney in order to procure settlement in accordance with the terms thereof, the buyer agrees to pay * * * all expenses and attorneys...

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