SIBLEY, Circuit Judge.
The appellant, defendant below, suffered a directed verdict for the amount sued for before it finished introducing its evidence because in the Court's opinion the counterclaim which it was making was cut off and waived by a writing executed by the parties on November 15, 1940. This appeal followed.
There is evidence as follows: On March 23, 1940, the appellee by a written contract sold to the appellant certain refrigerating machinery...
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