MORRIS v. PREFABRICATION ENGINEERING CO.

No. 12772.

181 F.2d 23 (1950)

MORRIS v. PREFABRICATION ENGINEERING CO. et al. PREFABRICATION ENGINEERING CO. et al. v. MORRIS.

United States Court of Appeals Fifth Circuit.

April 7, 1950.


Attorney(s) appearing for the Case

Harry L. Durant, Miami, Fla., N. J. Durant, Miami, Fla., for appellants and cross-appellee.

Thos. McE. Johnston, Miami, Fla., for appellee and cross-appellants.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

This action was brought to rescind a contract and to recover a deposit of $4,000 paid as an advance on the purchase price of certain wedges and bolts under that contract. The lower Court on a former trial found for the plaintiff and entered a judgment for $4,000, less the value ($20.25) of 675 bolts and wedges delivered by the defendant and admittedly used by the plaintiff.

On appeal this Court sustained the findings of the trial Court...

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