NORTHPORT IRR. DIST. v. HENRY WILCOX & SON

No. 12295.

131 F.2d 113 (1942)

NORTHPORT IRR. DIST. et al. v. HENRY WILCOX & SON.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 1, 1942.


Attorney(s) appearing for the Case

William H. Wright, of Omaha, Neb. (F. A. Wright, of Omaha, Neb., and F. E. Williams, of Bridgeport, Neb., on the brief), for appellants.

Clyde C. Dawson, Jr., Harold E. Popham, and Pershing, Bosworth, Dick & Dawson, all of Denver, Colo., for appellee.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.


WOODROUGH, Circuit Judge.

Henry Wilcox and Son, plaintiff, sued the Northport Irrigation District, defendant, to recover the amount of $5,600 and interest, alleged to be the unpaid balance due upon district warrants issued by the irrigation district August 17, 1931, in the aggregate amount of $5,900 for which the plaintiff "advanced, paid to and loaned" the defendant $5,900. The amended petition on which the case was tried presented two causes of action, the first...

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