SADLER MACHINERY CO. v. OHIO NAT.

No. 11605.

202 F.2d 887 (1953)

SADLER MACHINERY CO. v. OHIO NAT., Inc.

United States Court of Appeals Sixth Circuit.

March 19, 1953.


Attorney(s) appearing for the Case

Charles P. Taft, Cincinnati, Ohio (Samuel K. Walzer and Schwartz & Walzer, Cleveland, Ohio, Marcus L. Friedman, Toledo, Ohio, on the brief), for appellant.

Harold A. James and Doyle, Lewis & Warner, Toledo, Ohio, on the brief, for appellee.

Before SIMONS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment dismissing plaintiff's1 complaint praying for the return of $25,000 theretofore paid by plaintiff to defendant for a 16", 6 spindle Bullard Mult-Au-Matic machine which was destroyed by fire while awaiting delivery to plaintiff. Defendant admitted that it received the full price of the machine, but contended that title had passed to plaintiff...

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