Summary
pleading that a disputed issue had been resolved as the petitioner claimed and alleging the specific terms that would have appeared in a contract but for a mistake
Summary of this case from Interactivecorp v. Vivendi UniversalOpinion
No. 19621.
November 28, 1962.
Appeal from the United States District Court for the Northern District of Texas; T. Whitfield Davidson, Judge.
Emil Corenbleth, Arnold N. Sweet, Dallas, Tex., for appellant.
J. Carlisle DeHay, Jr., Leachman, Gardere, Akin Porter, Dallas, Tex., for appellee.
Before TUTTLE, Chief Judge, and WISDOM and GEWIN, Circuit Judges.
The question of liability in this case depended on the time and circumstances of delivery to the appellant. These were fact issues which were resolved by the jury.
The judgment is therefore
Affirmed.