Wheeling Steel Corp. v. Neu

SANBORN, Circuit Judge.

This action was brought by the appellant, as plaintiff, against the appellee, ’ as defendant, to recover from him, as guarantor under a written guaranty, the purchase price of certain goods, wares, and merchandise sold and delivered by the plaintiff to a corporation known as J. Himmelspach Supply Company. The trial resulted in a directed verdict for the defendant at the close of the plaintiff’s evidence. From the judgment entered upon the- verdict this appeal is taken.

Since there is a fatal defect in the plaintiff’s case, it is unnecessary to set forth the facts in…