COX v. PABST BREWING CO.

No. 2413.

128 F.2d 468 (1942)

COX v. PABST BREWING CO. et al.

Circuit Court of Appeals, Tenth Circuit.

May 18, 1942.


Attorney(s) appearing for the Case

Hal M. Black, of Wichita, Kan. (I. H. Stearns, of Wichita, Kan., on the brief), for appellant.

Glenn Porter, of Wichita, Kan. (Getto McDonald, Dwight S. Wallace, William Tinker, and Arthur W. Skaer, Jr., all of Wichita. Kan., and M. J. Donnelly and John E. O'Hora, both of Chicago, Ill., on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

By a suit filed in the state court, and removed to the United States District Court of Kansas, the plaintiff, John H. Cox (appellant here), sought to reform two written contracts to express the true intentions of the parties in accordance with two alleged antecedent oral contracts, and damages for the breach of the contracts as reformed. The trial court denied reformation, based upon the appellant's proof, and damages for breach of the written...

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