Legal Opinion

Roth v. Hyer

Court of Appeals for the Fifth Circuit

Decided January 15, 1943No. 10255PublishedCited by 5 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

The suit was for damages for breach of a contract of sale of a chose in action, a claim of defendants against the United Cigar Stores Company, a corporation, then in 77B reorganization proceedings. Bankr. Act, 11 U.S.C.A. § 207. The claim was that defendants, Hyer and Davis & Son Co., through their attorney and agent Schelker, authorized to act and acting for them, had contracted to sell the -claim to plaintiffs, by accepting an offer plaintiffs had made by telephone and confirming that acceptance by letter.1 There was an alternative claim against defendant Dickinson…

2Cited by5 opinions

  1. Roth v. HyerCourt of Appeals for the Fifth Circuit · 1944
  2. Hester v. New Amsterdam Casualty CompanyDistrict Court, D. South Carolina · 1968
  3. Wittlin v. GiacaloneCourt of Appeals for the D.C. Circuit · 1948
  4. A. M. Amen v. William H. Black, A. M. Amen v. William H. Black and Ruth F. Black, D. Arthur Walker and Fred D. Windish, Co-Receivers of Black-Marshall Oil Company v. William H. Black and Ruth F. BlackCourt of Appeals for the Tenth Circuit · 1956
  5. Amen v. BlackCourt of Appeals for the Tenth Circuit · 1956

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