SHACKLETON v. FOOD MACHINERY AND CHEMICAL CORP.

Nos. 12899, 12900.

279 F.2d 919 (1960)

Dorothy Sells SHACKLETON, Plaintiff-Appellee, v. FOOD MACHINERY AND CHEMICAL CORPORATION, a corporation organized and existing under and by virtue of the laws of the State of Delaware, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 27, 1960.


Attorney(s) appearing for the Case

Allen I. Pretzman, Columbus, Ohio, Richard R. Rynders, Madison, Wis., Ralph J. Swanson, Danville, Ill., Grace White, Madison, Wis. (Sebat, Swanson, Banks & Jones, Danville, Ill., Pretzman, Greenlee & Snowden, Columbus, Ohio, of counsel), for plaintiff-appellee.

Horace E. Gunn, Wm. R. Kesler, Danville, Ill. (Prosper Reiter, Jr., San Jose, Cal., Bookwalter, Carter, Gunn & Hickman, Danville, Ill., of counsel), for defendant-appellant.

Before DUFFY, CASTLE and MAJOR, Circuit Judges.


CASTLE, Circuit Judge.

Plaintiff-appellee, Dorothy Sells Shackleton, filed suit in the District Court August 22, 1950, to specifically enforce the provisions of Clause 6 of a written contract executed October 6, 1928, between her brothers and John Bean Manufacturing Company (predecessor in interest to defendant-appellant, Food Machinery and Chemical Corporation). An accounting was prayed to determine the amount due plaintiff.

The Bean Company, by the contract...

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