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AMERICAN LA FRANCE F. E. CO. v. BOROUGH OF SHENANDOAH

No. 7388.

115 F.2d 866 (1940)

AMERICAN LA FRANCE FIRE ENGINE CO., Inc., to Use of AMERICAN LA FRANCE & FOAMITE INDUSTRIES, Inc., v. BOROUGH OF SHENANDOAH.

Circuit Court of Appeals, Third Circuit.

November 26, 1940.

Attorney(s) appearing for the Case

James J. Gallagher, of Mahanoy City, Pa., M. V. McGuire, of Shenandoah, Pa., and D. J. Boyle, of Tamaqua, Pa., for appellant.

E. V. McLaughlin, of Scranton, Pa., for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

On September 6, 1927 the plaintiff delivered to the defendant, the Borough of Shenandoah, Schuylkill County, Pennsylvania, two metropolitan triple combination fire trucks. These trucks were delivered pursuant to a lease contract which was executed by the president and secretary of the Borough Council who purported to act on behalf of the Borough. The contract, however, was invalid because the action of the Borough Council authorizing it was informal...

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