Gans v. Coca-Cola Bottling Co. Inc.

Julius J. Olson, Justice.

Plaintiff appeals from an order denying his motion for new trial.

The action was brought to recover damages upon the claim that defendant had “willfully and fraudulently concealed from the plaintiff” that a certain renewal contract executed by the parties to this cause had not been approved by Western Coca-Cola Bottling Company of Chicago and the Coca-Cola Company of Atlanta, Georgia. It is conceded that the contract was not to become operative as such unless and until so approved by the two last named companies.

In September, 1934, the parties had entered into a…