ACKER v. H. HERFURTH, JR., INC.

No. 7363.

110 F.2d 241 (1939)

ACKER et al. v. H. HERFURTH, JR., Inc.

United States Court of Appeals for the District of Columbia.

Decided December 26, 1939.


Attorney(s) appearing for the Case

Raymond M. Hudson, Minor Hudson, W. R. Lichtenberg, and Geoffrey Creyke, Jr., all of Washington, D. C., for appellants.

Leonard J. Ganse, of Washington, D. C., for appellee.

Before MILLER, EDGERTON, and RUTLEDGE, Associate Justices.


RUTLEDGE, Associate Justice.

This is a special appeal from an order denying a motion of the defendant below to dismiss the action.

Plaintiff filed a declaration in three counts which were identical except that they named different defendants. The claim was for damages for breach of a written contract.1 The contract was signed "B. R. Acker." But when suit was filed plaintiff was in doubt whether the contract, so executed, was undertaken...

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