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BURGE ICE MACHINE COMPANY v. WEISS

Nos. 12131, 12132.

219 F.2d 573 (1955)

BURGE ICE MACHINE COMPANY, an Illinois Corporation, Appellant, v. George J. WEISS, Appellee. George J. WEISS, Appellant, v. BURGE ICE MACHINE COMPANY, an Illinois Corporation, Appellee.

United States Court of Appeals, Sixth Circuit.

February 17, 1955.

Attorney(s) appearing for the Case

F. J. Schumann, Detroit, Mich. (Lucking, Van Auken & Schumann, Detroit, Mich., on the brief), for Burge Ice Machine Co.

Anthony A. Vermeulen, Detroit, Mich., for George J. Weiss.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This case arises out of an action for the balance alleged to be due upon the contract price of refrigeration equipment erected and installed by plaintiff1 in an abattoir owned and leased by defendant to Division Packing Company. Defendant denied liability and filed a counterclaim for breach of contract. The agreed price of the work and equipment was alleged to be $25,061.05, of which $6,000 has been paid. The amended...

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