COTTINGHAM v. HERSHEY

No. 5254.

71 F.2d 473 (1934)

COTTINGHAM v. HERSHEY.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 25, 1934.


Attorney(s) appearing for the Case

Harold K. Brooks and Cornelius D. Scully, both of Pittsburgh, Pa., for appellant.

Herbert M. Kidner, A. M. Oliver, and G. Richard Klare, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

This is an appeal from an order by the District Court for the Western District of Pennsylvania. The plaintiff sued in assumpsit to recover upon an alleged oral agreement for the repurchase of stock sold to the plaintiff by the defendant. The salient facts set out by the plaintiff in his statement of claim are as follows:

The plaintiff was the controlling stockholder of Financial Service Bureau, Inc., which owned automatic candy vending...

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