BALTIMORE & O. R. CO. v. FOAR

No. 5583.

84 F.2d 67 (1936)

BALTIMORE & O. R. CO. v. FOAR.

Circuit Court of Appeals, Seventh Circuit.

May 25, 1936.


Attorney(s) appearing for the Case

Charles D. Clark, Henry D. Sheean, and E. W. Lademann, all of Chicago, Ill., and H. W. Mountz and George E. Mountz, both of Garrett, Ind., for appellant.

Samuel D. Jackson, of Fort Wayne, Ind., J. D. Brinkerhoff, of Garrett, Ind., and Howard S. Grimm and Dan M. Link, both of Auburn, Ind., for appellee.

Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.


SPARKS, Circuit Judge.

This was an action by appellee to recover damages for breach of an oral contract. The jury returned a verdict for $4500, upon which a judgment was rendered, and from that judgment this appeal is prosecuted.

The errors assigned and relied upon are (1) overruling appellant's demurrer to the complaint, (2) refusing to direct a verdict for appellant at the close of the evidence, and (3) failure to give to the jury appellant's requested instruction...

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