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M. J. CARROLL, INC. v. GILMORE

No. 4442.

103 F.2d 560 (1939)

M. J. CARROLL, Inc., v. GILMORE.

Circuit Court of Appeals, Fourth Circuit.

April 24, 1939.

Attorney(s) appearing for the Case

W. Harold Arnold, of Greenville, S. C. (A. C. Mann, of Greenville, S. C., on the brief), for appellant.

W. B. McGowan and Benj. A. Bolt, both of Greenville, S. C. (Thos. A. Wofford, of Greenville, S. C., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

This appeal is from a judgment entered upon a verdict of a jury for $2,400 in favor of Paul Gilmore, plaintiff, in the trial of an action to recover in quantum meruit for rental value of machinery and equipment used by defendant. The sole question is whether the trial court erred in overruling defendant's separate motions for nonsuit and a directed verdict.

There is little conflict in the evidence. On August 15, 1936, defendant...

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