YODER v. NU-ENAMEL CORPORATION

No. 12888.

145 F.2d 420 (1944)

YODER et al. v. NU-ENAMEL CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

November 2, 1944.


Attorney(s) appearing for the Case

Sterling F. Mutz, of Lincoln, Neb., for appellants.

G. W. Becker, of Omaha, Neb. (I. J. Dunn and I. Ziegler, both of Omaha, Neb., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The action is one under Nebraska law for fraud in inducing plaintiffs (1) to purchase a wholesale paint-distributing business and four retail stores, all of which defendant was itself operating at the time as an outlet for its paint products, and (2) to make expenditures of time and money in attempting to carry on the misrepresented business.

The trial court directed a verdict for defendant at the close of plaintiffs' evidence, on the...

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