CRAIG v. CONSOLIDATED CEMENT CORPORATION

No. 884.

69 F.2d 613 (1934)

CRAIG v. CONSOLIDATED CEMENT CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

March 22, 1934.


Attorney(s) appearing for the Case

Austin M. Cowan, of Wichita, Kan. (W. A. Ayres, C. A. McCorkle, J. D. Fair, W. A. Kahrs, and Robert H. Nelson, all of Wichita, Kan., on the brief), for appellant.

Homer H. Berger, of Kansas City, Mo. (W. D. Jochems, of Wichita, Kan., and E. R. Morrison, of Kansas City, Mo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

Appellee sued for the purchase price of cement purchased by J. W. Craig, appellant's testate, hereafter referred to as appellant. By way of counterclaim, appellant prayed for judgment on $5,000 of bonds issued by appellee. After a trial without a jury, recovery on the counterclaim was denied. Error is assigned to that ruling.

The bonds tendered to apply on the cement purchased were part of an issue of $5,000,000 dated March 1, 1926...

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