CANISTER CO. v. WOOD & SELICK

No. 5266.

73 F.2d 312 (1934)

CANISTER CO. v. WOOD & SELICK, Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied December 3, 1934.


Attorney(s) appearing for the Case

Walter S. Keown, of Camden, N. J., and Warwick Potter Scott, of Philadelphia, Pa. (Frederic L. Ballard and Ballard, Spahr, Andrews & Ingersoll, all of Philadelphia, Pa., of counsel), for appellant.

Walter L. McDermott, of Jersey City, N. J., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court entered upon a motion of defendant to strike out the amended reply of the plaintiff on the ground that its pleadings were insufficient in law to constitute a cause of action.

This action arose out of an alleged contract between the parties contained in the following letter written to the Canister Company, hereinafter called plaintiff, by Wood & Selick, Inc., defendant:

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