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RICH v. CLAYTON MARK & COMPANY

No. 15705.

250 F.2d 622 (1957)

Samuel M. RICH and Louis Rubin, Appellants, v. CLAYTON MARK & COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

December 16, 1957.

Attorney(s) appearing for the Case

Jesse E. Bishop, St. Louis, Mo. (Donald Gunn and Herbert Boxerman, St. Louis, Mo., with him on the brief), for appellants.

Robert F. Schlafly, St. Louis, Mo. (Fortis M. Lawder and Keefe, Doerner, Schlafly & Griesedieck, St. Louis, Mo., with him on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Rich and Rubin, as appellants, seek reversal of a judgment obtained against them by appellee Clayton Mark & Co. The suit is one in diversity jurisdiction, tried to the court without a jury.

The liability held to exist against appellants arises out of the failure and inability of Hamilton Tool & Mfg., Inc. to pay for some steel tubing purchased by it from Clayton Mark & Co. Three alternative theories of liability were alleged...

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