WHITING STOKER CO. v. CHICAGO STOKER CORPORATION

No. 9563.

171 F.2d 248 (1948)

WHITING STOKER CO. v. CHICAGO STOKER CORPORATION.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 17, 1949.


Attorney(s) appearing for the Case

Casper W. Ooms and G. Donald Whitehouse, both of Chicago, Ill., for appellant.

Harry Abrahams and Ode Rankin, both of Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, MINTON, Circuit Judge, and LINDLEY, District Judge.


LINDLEY, District Judge.

Defendant appeals from an adverse judgment in an action brought for a declaratory judgment upon a contract dated September 2, 1944, under which plaintiff was purchaser and defendant seller of a going business engaged in manufacturing, selling and servicing stokers. Ignoring provisions of no moment here, briefly, defendant sold to plaintiff with covenants of warranty and obligated itself to refrain, for a period of 30 years, from using its...

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