MAYNARD v. FINNEY

No. 8517.

92 F.2d 454 (1937)

MAYNARD et al. v. FINNEY et al.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1937.


Attorney(s) appearing for the Case

A. C. Wheeler and Chas. J. Thurmond, both of Gainesville, Ga., and Robert L. Russell, of Winder, Ga., for appellants.

Marion Smith and Julian E. Gortatowsky, both of Atlanta, Ga., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

In 1927 appellees, as buyers, contracted with appellants, as sellers, for the purchase of one-half of the stock of the Barrow County Cotton Mills. As part of the consideration for the purchase sellers guaranteed that the current liabilities were fully offset by the current assets, that the common stock issue represented the total fixed liabilities against the plant, and that, if this were not so, they would make good any deficit. In a later...

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