HOOD v. GORDY HOMES, INCORPORATED

No. 7795.

267 F.2d 882 (1959)

C. E. HOOD, Jr., Appellant, v. GORDY HOMES, INCORPORATED, a Delaware Corporation, duly domesticated under the laws of the State of South Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 3, 1959.


Attorney(s) appearing for the Case

M. H. Rosenhouse, Miami, Fla. (Jack N. Nathans, Charleston, S. C., and Rosenhouse & Rosenhouse, Miami, Fla., on brief), for appellant.

Albert W. James, Wilmington, Del. (J. Monroe Fulmer, Fulmer & Barnes, Columbia, S. C., and Morris, James, Hitchens & Williams, Wilmington, Del., on brief), for appellee.

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


SOBELOFF, Chief Judge.

This is the plaintiff's appeal from the District Judge's grant of the defendant's motion for involuntary dismissal of the suit, without prejudice. The plaintiff, C. E. Hood, Jr., sought to recover $25,000.00 from the defendant, Gordy Homes, Inc., on the following contract:1

"This Memorandum of Agreement made and concluded at Aiken, in the County of Aiken, in the State [of South Carolina], this 27th day of...

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