ZEHR v. WARDALL

No. 9228.

134 F.2d 805 (1943)

ZEHR et al. v. WARDALL et al.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1943.


Attorney(s) appearing for the Case

Gustavus Ohlinger, of Toledo, Ohio (Beckwith, Ohlinger, Koles & Wolf and Gustavus Ohlinger, all of Toledo, Ohio, on the brief), for appellants.

Arnold F. Bunge, of Toledo, Ohio (Marshall, Melhorn, Davies, Wall & Bloch, Donald F. Melhorn, and Arnold F. Bunge, all of Toledo, Ohio, on the brief), for appellee.

Before SIMONS, HAMILTON, and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

In an action brought by appellants, for damages arising out of an alleged breach of contract, the trial court directed a verdict in favor of appellee, and appellants claim error. The suit grew out of a telegraphic order for certain merchandise and the claimed acceptance of the order, or counter-offer, as set forth in a letter signed by appellee.

Counsel for appellants contend that the entire contract between the parties consisted...

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