SMYTH SALES v. PETROLEUM HEAT & POWER CO.

No. 7851.

128 F.2d 697 (1942)

SMYTH SALES, Inc., v. PETROLEUM HEAT & POWER CO., Inc.

Circuit Court of Appeals, Third Circuit.

Decided June 3, 1942.


Attorney(s) appearing for the Case

Charles S. Barrett, Jr., of Newark, N. J. (Lum, Fairlie & Wachenfeld, of Newark, N. J., on the brief), for appellant.

George W. C. McCarter, of Newark, N. J., for appellee.

Before MARIS, CLARK, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

The complaint in this action contains two counts, one for fraud and deceit and the other for malicious interference with plaintiff's business. At the close of the plaintiff's testimony the learned trial judge dismissed the action as to both counts. Previously a clause making claim for exemplary damages had been stricken from the first count. The plaintiff appeals to this Court from these rulings.

The Claim for Deceit

The...

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