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MONTGOMERY WARD & CO. v. COLLINS ESTATE, INC.

No. 7769.

268 F.2d 830 (1959)

MONTGOMERY WARD & CO., Incorporated, Appellant, v. COLLINS ESTATE, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 19, 1959.

Attorney(s) appearing for the Case

David L. Dickson, Asst. General Counsel, Chicago, Ill., Montgomery Ward & Company (T. Sam Means, Jr., Spartanburg, S. C., on brief), for appellant.

Alfred F. Burgess, Greenville, S. C., and J. Hertz Brown, Spartanburg, S. C. (Carlisle, Brown & Carlisle, Spartanburg, S. C., and Wyche, Burgess & Wyche, Greenville, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BOREMAN, District Judge.

BOREMAN, District Judge.

This action, commenced in 1941, involves the construction of a lease of store premises in Spartanburg, South Carolina, between the heirs of J. D. Collins, deceased, as landlords, and Montgomery Ward & Co., Incorporated, hereinafter referred to as Ward, as tenant. The original action was instituted by Ward to foreclose a mortgage. The answer of the defendant, Collins Estate, sought a construction of the lease and an accounting of all rents...

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