HENNEPIN PAPER CO. v. FORT WAYNE CORRUGATED PAPER CO.

No. 8912.

153 F.2d 822 (1946)

HENNEPIN PAPER CO. v. FORT WAYNE CORRUGATED PAPER CO.

Circuit Court of Appeals, Seventh Circuit.

February 25, 1946.


Attorney(s) appearing for the Case

Brill & Maslon, of Minneapolis, Minn., Sonnenschein, Berkson, Lautmann, Levinson & Morse, of Chicago, Ill., Louis B. Schwartz and Josiah E. Brill, both of Minneapolis, Minn., and I. E. Ferguson, of Chicago, Ill., for appellant.

Donald J. DeWolfe, of Chicago, Ill., and James M. Barrett, Jr., of Fort Wayne, Ind. (Barrett, Barrett & McNagny, of Fort Wayne, Ind., and Hopkins, Sutter, Halls & DeWolfe, of Chicago, Ill., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and BALTZELL, District Judge.


BALTZELL, District Judge.

On July 1, 1941, a written contract* was entered into by and between plaintiff-appellant, hereinafter referred to as plaintiff, and defendant-appellee, hereinafter referred to as defendant.

The plaintiff, contending that defendant had failed to comply with the terms of the contract as modified orally and that it was thereby damaged, filed a suit at law for breach...

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