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DAY BROS. LUMBER CO. v. MITCHELL

No. 7807.

82 F.2d 557 (1936)

DAY BROS. LUMBER CO. v. MITCHELL.

Circuit Court of Appeals, Fifth Circuit.

May 19, 1936.

Attorney(s) appearing for the Case

Arthur A. Moreno, of New Orleans, La., for appellant.

Jere Austill, of Mobile, Ala., and Alex W. Swords and Arthur B. Leopold, both of New Orleans, La., for appellee.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee, Joseph Mitchell, brought this suit against Day Brothers Lumber Company, to recover $7,500 on a contract of employment as an accountant and recovered judgment in that amount. The only assignment of error pressed on this appeal runs to the refusal of the District Court to direct a verdict for defendant at the close of the evidence.

The undisputed facts appearing from the record are these: The contract was made originally with...

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