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CONTINENTAL COLLIERIES v. SHOBER

No. 7925.

130 F.2d 631 (1942)

CONTINENTAL COLLIERIES, Inc., v. SHOBER, Jr.

Circuit Court of Appeals, Third Circuit.

Decided September 14, 1942.

Attorney(s) appearing for the Case

James F. McMullan, of Philadelphia, Pa., for appellant.

Herman H. Krekstein, of Philadelphia, Pa., for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

JONES, Circuit Judge.

The question presented by this appeal is whether the plaintiff's complaint pleads an enforceable cause of action. The defendant moved to dismiss on the ground that the contract which furnishes the basis of the claim, as averred in the complaint, is unenforceable by reason of § 4 of the Pennsylvania Sales Act,1 commonly known as the Statute of Frauds relating to personalty. The learned judge of the court below...

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