HEIDELBERG BREWING CO. v. NORTH AMERICAN SERVICE CO.

No. 8260.

111 F.2d 897 (1940)

HEIDELBERG BREWING CO., Appellant, v. NORTH AMERICAN SERVICE CO., Appellee.

Circuit Court of Appeals, Sixth Circuit.

May 15, 1940.


Attorney(s) appearing for the Case

Stanley Chrisman and Stephens L. Blakely, both of Covington, Ky., for appellant.

Howard & Howard, of Covington, Ky., for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


PER CURIAM.

In a suit to cancel a contract for the rental of patented advertising signs with relief prayed for enlarged by supplemental petitions to include reformation of the contract because of mutual mistake of fact, the District Court dismissed the petition because clear and convincing evidence was lacking to establish the fact that the plain and unambiguous statement contained in the writing was due to mutual mistake of the parties or error of the draftsman,...

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