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TRACY v. GOLDBERG

No. 13403.

289 F.2d 467 (1961)

A. Arthur TRACY, also known as Arthur Tracy v. Morris C. GOLDBERG, also known as M. C. Goldberg, Appellant.

United States Court of Appeals Third Circuit.

Decided April 18, 1961.

Attorney(s) appearing for the Case

Samuel Kagle, Philadelphia, Pa., for appellant.

David F. Maxwell, Philadelphia, Pa. (Leonard Zissu, New York City, of the New York Bar, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This litigation is the culmination of a bitter personal feud between two former friends.

On March 23, 1949 Tracy loaned Goldberg $25,000. The latter paid $8500 on account. Tracy sued for the balance. At the trial the balance was admitted due but Goldberg counterclaimed for (1) money allegedly advanced Tracy totaling $2,694.41 (2) for alleged services in connection with difficulties arising out of a building enterprise, for these...

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