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JOHN IRVING SHOE CO. v. DUGAN

No. 3256.

93 F.2d 711 (1937)

JOHN IRVING SHOE CO., Inc., v. DUGAN.

Circuit Court of Appeals, First Circuit.

December 8, 1937.

Attorney(s) appearing for the Case

J. C. Johnston, of Boston, Mass. (Maurice Wolf, of Boston, Mass., on the brief), for appellant.

Samuel Rosenberg, of Boston, Mass. (Sidney S. Grant, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This is an action to recover the balance alleged to be due on a construction contract. The plaintiff sues as assignee of the contractor who did the work, the George A. Dugan Company which we shall refer to as the plaintiff. There was a verdict for the plaintiff, and the defendant has appealed. Various assignments of error are made, the most important of them being that the defendant was entitled to a directed verdict.

There was evidence...

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