177 F.2d 204 (6th Cir. 1949), 10880, Shepheard v. Rudy Furnace Co.

Docket Nº:10880.
Citation:177 F.2d 204
Party Name:William L. SHEPHEARD, doing business as Wm. L. Shepheard & Co., Appellant, v. RUDY FURNACE COMPANY, a Michigan Corporation, Appellee.
Case Date:October 12, 1949
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 204

177 F.2d 204 (6th Cir. 1949)

William L. SHEPHEARD, doing business as Wm. L. Shepheard & Co., Appellant,

v.

RUDY FURNACE COMPANY, a Michigan Corporation, Appellee.

No. 10880.

United States Court of Appeals, Sixth Circuit.

October 12, 1949

Appeal from the United States District Court for the Western District of Michigan; Raymond W. Starr, Judge.

Warner, Norcross & Judd, Grand Rapids, Mich. ., Fox & Fox, Kalamazoo, Mich., Harold Sawyer, Grand Rapids, Mich., for appellant.

Paul E. Cholette, Grand Rapids, Mich., and Lewis W. James, Dowagiac, Mich., for appellee.

Before SIMONS, MARTIN and MILLER, Circuit Judges.

Page 205

PER CURIAM.

This cause came on to be heard on the record and on the oral arguments and briefs of the attorneys for the respective parties; and it appearing from the finding of the district court that appellant, plaintiff below, with full knowledge and notice of the conditions under which a check for $5, 765.02 was drawn by the appellee payable to the order of appellant and tendered appellant with an accompanying explanatory letter, accepted the check in accord and satisfaction of all claims, accounts and disputes between the parties;

And it appearing further that this finding was supported by the evidence and that the court, as revealed in its opinion, 1 correctly applied governing principles of law in directing a verdict for the appellee, defendant below;

It follows that the judgment from which this appeal is taken should be, and the same is, ordered to be affirmed.


Notes:

[1] No opinion for publication.


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