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HAYES MFG. CORPORATION v. McCAULEY

No. 9456.

140 F.2d 187 (1944)

HAYES MFG. CORPORATION v. McCAULEY.

Circuit Court of Appeals, Sixth Circuit.

January 24, 1944.

Attorney(s) appearing for the Case

Wellmore B. Turner and Lewis H. Mattern, both of Dayton, Ohio (Wellmore B. Turner, Guy H. Wells, Lewis H. Mattern, and E. H. & W. B. Turner, all of Dayton, Ohio, on the brief), for appellant.

Freeman T. Eagleson, of Columbus, Ohio, and Mills Matthews, of Dayton, Ohio (Eagleson & Laylin, of Columbus, Ohio, and Matthews, Matthews & Altick and Charles P. Pfarrer, all of Dayton, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The appellant sought in equity a decree for specific performance of an agreement for exchange of its stock for the stock of the McCauley Steel Propeller Company, wholly owned by the appellee. Met with or anticipating a defense that its own stock was neither delivered nor tendered within the time specified in the agreement, and that time was of its essence, the appellant filed an amended complaint reciting its inability to secure the qualification...

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