WESTERN NEWSPAPER UNION v. WOODWARD

No. 9617.

133 F.Supp. 17 (1955)

WESTERN NEWSPAPER UNION, a corporation, Plaintiff, v. Ned K. WOODWARD, Defendant.

United States District Court W. D. Missouri, W. D.

August 8, 1955.


Attorney(s) appearing for the Case

Byron Spencer, and Joseph J. Kelly, Jr., of Spencer, Fane, Britt & Browne, Kansas City, Mo., Frederick W. P. Lorenzen of Dwight, Royall, Harris, Koegel & Caskey, New York City, for plaintiff.

Paul R. Stinson, Lawrence R. Brown and M. J. Bogutski, of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., for defendant.


WHITTAKER, District Judge.

This action for rescission is now before me upon defendant's motion for a summary judgment in his favor. His contention is that the averments of the complaint, and of a portion of paragraph 4 of his answer (stipulated by the parties to be taken as true for the purposes of this motion and its decision), and the recitals of the affidavits and exhibits on file, show that all claims of the plaintiff against the defendant were liquidated, satisfied...

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