Empire Gas & Fuel Co. v. Lone Star Gas Co.

WAEKER, Circuit Judge.

This is an appeal from a decree dismissing appellant’s bill for the specific enforcement of an alleged written contract between it and the appellee. The appellee denied that the instrument sued on was its contract. That instrument, which was signed in the appellee’s name by its president, was never authorized or ratified by the board of directors of either appellant or appellee. The appellee set up the defense that the instrument sought to be-enforced was signed by its president under an agreement between him and appellant’s representative that it was not to be binding…