MERGENTHALER LINOTYPE CO. v. EVANS

No. 7234.

69 F.2d 287 (1934)

MERGENTHALER LINOTYPE CO. v. EVANS et al.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1934.


Attorney(s) appearing for the Case

Lord, Moulton & Krause, of Portland, Or., and W. W. Welsh, of Brooklyn, N. Y., for appellant.

Calkins & Calkins, of Eugene, Or., for appellees.

Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge


GARRECHT, Circuit Judge.

The appellant, as plaintiff, brought an action against appellees upon a contract entered into about April 6, 1931, under the terms of which appellees agreed to purchase a linotype machine from the appellant, "trading in" an intertype machine owned by the appellees, which had just been damaged by a fire.

The appellant brought suit on the contract of sale. Appellees answered, admitting the execution of the contract, but as an affirmative...

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