TELEX, INC. v. SCHAEFER

No. 15433.

233 F.2d 259 (1956)

TELEX, Inc., Appellant, v. Henry A. SCHAEFER, Appellee.

United States Court of Appeals Eighth Circuit.

April 19, 1956.


Attorney(s) appearing for the Case

Donald J. Kelly, Minneapolis, Minn. (Kelly & LeFevere, Minneapolis, Minn., on the brief), for appellant.

James H. Geraghty, St. Paul, Minn. (Lipschultz, Altman, Geraghty & Mulally, St. Paul, Minn., on the brief), for appellee.

Before WOODROUGH and VAN OOSTERHOUT, Circuit Judges, and HULEN, District Judge.


HULEN, District Judge.

Appellant, as defendant, suffered an adverse judgment in the trial court for $26,945.52 based on a jury verdict, growing out of a claim of fraud in the sale by appellant of radio sets for use in hospitals to appellee. Appellant seeks reversal on the grounds — (1) the trial court erred in overruling its motion for a directed verdict, and (2) error in the instructions.

Appellee, a man 58 years of age, with some business experience...

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