JEFFREY MFG. CO. v. ANDREWS

No. 6428.

96 F.2d 351 (1938)

JEFFREY MFG. CO. v. ANDREWS.

Circuit Court of Appeals, Seventh Circuit.

March 31, 1938.


Attorney(s) appearing for the Case

George H. Grear, Hayes McKinney, and Jeffrey Shedd, all of Chicago, Ill., for appellant.

Maurice E. Gosnell and Noah M. Tohill, both of Lawrenceville, Ill., and Walter T. Gunn and Harold F. Lindley, both of Danville, Ill., for appellee.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.


SPARKS, Circuit Judge.

This is an appeal from an order entered by the District Court sustaining a motion to dismiss a complaint and rendering judgment in bar. The question presented, therefore, is whether or not the bill of complaint stated a good and sufficient cause of action.

Appellant states that its action was for damages for breach of a written undertaking by which appellee agreed, upon the occurrence of a specified contingency, to assume and pay an...

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