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WAGNER ELECTRIC CORPORATION v. HYDRAULIC BRAKE CO.

No. U—97—M.

12 F.Supp. 837 (1935)

WAGNER ELECTRIC CORPORATION v. HYDRAULIC BRAKE CO.

District Court, S. D. California, Central Division.

November 15, 1935.

Attorney(s) appearing for the Case

Edwin E. Huffman and R. W. Chubb, both of St. Louis, Mo., and Frank L. A. Graham, of Los Angeles, Cal., for plaintiff.

Williams, Bradbury, McCaleb & Hinkle (by Thomas H. Sheridan and Warren C. Horton), all of Chicago, Ill., and Andrews & Andrews (by A. V. Andrews, L. M. Andrews, and Mortimer A. Kline), all of Los Angeles, Cal., for defendant.

McCORMICK, District Judge.

This is a suit in equity brought by the complainant corporation to cancel a bonus agreement entered into by it and the defendant company. The relief is sought upon the broad ground that the consideration for the contract has failed. Specifically, it is alleged that because the defendant company has been acquired by Bendix Aviation Corporation, a holding and parent company of Bendix Brake Company, the principal competitor of plaintiff in...

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