WRIGHT v. FARMERS' NAT. GRAIN CORPORATION

No. 5281.

74 F.2d 425 (1934)

WRIGHT et al. v. FARMERS' NAT. GRAIN CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 2, 1935.


Attorney(s) appearing for the Case

A. F. W. Siebel and William K. Tell, both of Chicago, Ill., for appellants.

Frederic Burnham, Irving B. Goldsmith, and Miles G. Seeley, all of Chicago, Ill., for appellee.

Before EVANS and FITZHENRY, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Appellants sued in assumpsit upon the common counts and a special count to recover from appellee a debt of approximately $80,000 owing to appellants by a third party, the Rural Grain Company. The special count sought to recover upon the theory that on and after November 1, 1929, appellee by its conduct held itself out as having purchased the business and assumed the liabilities of said Rural Grain Company and thereby created an estoppel to...

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