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CONSOLIDATED MUSIC CO. v. BRINKERHOFF PIANO CO.

No. 693.

64 F.2d 884 (1933)

CONSOLIDATED MUSIC CO. et al. v. BRINKERHOFF PIANO CO.

Circuit Court of Appeals, Tenth Circuit.

April 11, 1933.

Attorney(s) appearing for the Case

D. A. Skeen, of Salt Lake City, Utah (Jesse R. S. Budge, A. B. Irvine, and Sam D. Thurman, all of Salt Lake City, Utah, on the brief), for appellants.

Grant H. Bagley, of Salt Lake City, Utah (Waldemar Van Cott, P. T. Farnsworth, Jr., W. Q. Van Cott and B. R. Howell, all of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

All parties having moved for a directed verdict at the close of the evidence, the trial court held that the Consolidated Music Company and R. W. Daynes were liable to the appellee for breach of their agreement to repurchase preferred stock of the Music Company, which the appellee had acquired for cash in order to help the Music Company over a financial sand bar. The receiver of the Music Company, appointed by a state court after this action...

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