CUMMER & SON CO. v. FINDLEY

No. 9165.

30 F.Supp. 884 (1939)

F. D. CUMMER & SON CO. v. FINDLEY.

District Court, W. D. Pennsylvania.

May 11, 1939.


Attorney(s) appearing for the Case

Reed, Smith, Shaw & McClay, and Elder W. Marshall, all of Pittsburgh, Pa., for plaintiff.

Clarence B. Nixon, of Pittsburgh, Pa., for defendant.


GIBSON, District Judge.

The defendant has moved for a new trial. The suit was to recover the purchase price of a road-building machine for which defendant, through his agent, had given a written purchase order. The principal defense pleaded was that the parties had a contemporaneous oral agreement that the purchase was to be effective only if defendant secured a certain road-making job, which job had not been procured. Upon trial the oral testimony was excluded.<...

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