Cox v. Pabst Brewing Co.

MURRAH, Circuit Judge.

By a suit filed in the state court, and removed to the United States District Court of Kansas, the plaintiff, John H. Cox (appellant here), sought to reform two written contracts to express the true intentions of the parties in accordance with two alleged antecedent oral contracts, and damages for the, breach of the contracts as reformed. The trial court denied reformation, based upon the appellant’s proof, and damages for breach of the written contracts as pleaded.

The facts which tend to support the allegations of the petition are substantially as follows: The Pabst…