KELVINATOR SALES CORPORATION v. GOEBEL

No. 7782.

79 F.2d 741 (1935)

KELVINATOR SALES CORPORATION v. GOEBEL.

Circuit Court of Appeals, Fifth Circuit.

November 13, 1935.


Attorney(s) appearing for the Case

W. Colquitt Carter, of Atlanta, Ga., and Richard Ford, of Detroit, Mich., for appellant.

Chas. S. Reid and James K. Rankin, both of Atlanta, Ga., for appellee.

Before HUTCHESON and WALKER, Circuit Judges, and HOLMES, District Judge.


HUTCHESON, Circuit Judge.

This suit was brought by appellee as assignee of one Daubs, appellant's Georgia distributor, to recover sums claimed to be due by it because of its having canceled Daubs' contract. Tried to a jury, it resulted in a verdict and judgment for $3,000.

Appellant relies for reversal on two claimed errors; the allowance of a trial amendment, and the failure of the trial court to peremptorily instruct out of the case an item of $4,802.74...

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