BIRDSELL MFG. CO. v. ANDERSON

No. 7900.

104 F.2d 340 (1939)

BIRDSELL MFG. CO. v. ANDERSON.

Circuit Court of Appeals, Sixth Circuit.

June 9, 1939.


Attorney(s) appearing for the Case

Walter R. Arnold, of South Bend, Ind., (John Degnan, and Arnold & Degnan, all of South Bend, Ind., and Eugene R. Attkisson and Attkisson & Attkisson, all of Louisville, Ky., on the brief), for appellant.

Harry Kasfir, of Cincinnati, Ohio, (Frank E. Wood, Robert S. Marx, and Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

Appeal from a judgment sustaining a demurrer to appellant's petition on the ground that the facts therein set forth were not sufficient to constitute a cause of action, and dismissing the petition upon failure of appellant to further plead.

The petition in substance alleges that on April 24, 1930, appellant, an Indiana corporation which was engaged in the manufacture of farm wagons at South Bend, Indiana, entered into a contract with...

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