Morgan v. Patillo

WALKER, Circuit Judge.

When this ease was here before, a decree sustaining a motion of the appellee to dismiss the bill was reversed. Morgan v. Patillo (C. C. A.) 297 F. 140. After the remandment of the case appellee’s answer to the bill put in issue its allegations as to the making of a contract by the parties.

We are of opinion that the evidence adduced was not such as to require the conclusion that those allegations were sustained. The evidence was consistent with findings that on. May 1, 1922, the appellee for the first time agreed in an interview with George Rentz, .who was acting as…