PRICE, FORBES & CO. v. MONTGOMERY

No. 7302.

115 F.2d 611 (1940)

PRICE, FORBES & CO., Limited, v. MONTGOMERY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 16, 1940.


Attorney(s) appearing for the Case

Silas H. Strawn and John D. Black, both of Chicago, Ill., for appellant.

L. Duncan Lloyd and Theodore C. Diller, both of Chicago, Ill., for plaintiff-appellee.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Plaintiff, Price, Forbes & Co. Ltd., a corporation, brought this action against the defendant to recover an amount claimed to be due it from defendant under a certain proposal signed by defendant and accepted by plaintiff. The defendant interposed affirmative defenses and a counterclaim in an original and two amended answers. On motion of plaintiff supported by affidavits, the District Court dismissed the counterclaim and entered a summary...

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