Opinion
No. 5066.
July 13, 1933. Petition for Rehearing Withdrawn by Stipulation October 12, 1933.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania.
Lewis M. Stevens and William C. Schwebel, both of Philadelphia, for appellants.
Herbert A. Barton and Swartz Campbell, all of Philadelphia, for appellee.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
No precedent or principle of law is involved in this case. The sole question is the construction of a written contract. In the court below such contract was elaborately discussed by the judge, who held that under it the appellant had no valid counterclaim against the plaintiff and judgment for the latter was entered for its admitted claim. Thereupon the defendant took this appeal.
Agreeing, as we do, with the lower court's construction, and in view of the fact that the contract was exhaustively discussed and that no principle of law is involved and no precedent would be established by a further discussion of the contract in which the parties hereto are alone concerned, we limit ourselves to affirming the judgment below.