KNOX v. FIRST SECURITY BANK OF UTAH

No. 4587.

206 F.2d 823 (1953)

KNOX et al. v. FIRST SECURITY BANK OF UTAH, N.A., et al.

United States Court of Appeals Tenth Circuit.

August 5, 1953.


Attorney(s) appearing for the Case

Peter W. Billings, Salt Lake City, Utah, for appellants (Beverly S. Clendenin and Fabian, Clendenin, Moffat & Mabey, Salt Lake City, Utah, with him on the brief).

Paul H. Ray, Salt Lake City, Utah, for appellee, Milner Corp. (Albert R. Bowen, Salt Lake City, Utah, with him on the brief).

Charles Welch, Jr., Salt Lake City, Utah, for appellee First Security Bank of Utah, N.A., executor of the estate of A. C. Milner (Clair M. Senior and Raymond T. Senior, Salt Lake City, Utah, with him on the brief).

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

When this case was here in 196 F.2d 112, Knox v. First Security Bank, we held the complaint with the attached 1909 contract and 1924 letter legally sufficient to show that by the 1924 letter A. C. Milner accepted and adopted the 1909 contract as president and on behalf of the Milner Corporation; and that his actual authority to do so was an issue for determination on the merits. As against the contention that...

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