SMITH v. LO CASTRO

No. 2034.

134 A.2d 486 (1957)

W. B. SMITH, Appellant, v. Angelo LO CASTRO, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 6, 1957.


Attorney(s) appearing for the Case

Charles B. Sullivan, Jr., Washington, D. C., for appellant.

Edward L. Genn, Washington, D. C., for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).


CAYTON, Acting Judge.

Smith, a seafood broker, brought this suit against Lo Castro for a balance due for shipments of fish sold and delivered to Charles H. Javins & Sons, Inc., a corporation. The theory of plaintiff's claim as developed at trial was that defendant had bound himself by oral promises to personally pay the debt. There was a general finding for defendant, and this appeal followed.

The Javins corporation had been carried as a charge customer...

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