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WILSON & CO. v. DOUREDOURE

No. 9026.

154 F.2d 442 (1946)

WILSON & CO., Inc., v. DOUREDOURE et al. (KEYSTONE RENDERING CO., Inc., Third-Party Defendant).

Circuit Court of Appeals, Third Circuit.

Decided March 15, 1946.

Attorney(s) appearing for the Case

Charles E. Kenworthey, of Philadelphia, Pa. (Gilbert W. Oswald, and Schnader, Kenworthey, Segal & Lewis, all of Philadelphia, Pa., on the brief), for appellant.

Thomas R. MacFarland, Jr., of Philadelphia, Pa. (Edward Merchant, of Philadelphia, Pa., on the brief), for Douredoure Brothers, defendants.

Albert S. Oliensis, of Philadelphia, Pa. (C. Max Ivins, of Philadelphia, Pa., on the brief), for third-party defendant.

Before MARIS, McLAUGHLIN, and O'CONNELL, Circuit Judges.

MARIS, Circuit Judge.

The plaintiff brought an action in the District Court for the Eastern District of Pennsylvania to recover $20,674.66 paid by it to Douredoure Brothers through an alleged mistake of fact. The defendants admitted the receipt of the money, denied that the payments were the result of a mistake of fact and counter-claimed for an additional $2,501.85. Douredoure Brothers brought Keystone Rendering Company, Inc., into the suit as third party defendant...

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