Legal Opinion

Roth v. Hyer

Court of Appeals for the Fifth Circuit

Decided April 22, 1944No. 10932PublishedCited by 56 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The suit is one at law for breach of a contract allegedly made by defendants, R. L. Hyer and W. M. Davis and Son Company, to sell to plaintiffs, Benjamin H. Roth, Jerome Roth, and Milton C. Zaidenberg, a landlord’s claim against United Cigar Stores Co., which was in reorganization proceedings under Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. The claim had been allowed for $68,629.77, and it was alleged that defendants agreed to sell it for seventy-five cents on the dollar, but on April 6, 1937, refused to'deliver and transfer it. There was an alternative count…

2Cases cited1 opinion

  1. Roth v. HyerCourt of Appeals for the Fifth Circuit · 1943

3Cited by56 opinions

  1. Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
  2. Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1964
  3. Gunther Graefenhain and Philip Miller, Cross-Appellees v. Pabst Brewing Company, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1989
  4. Bernard Litman v. Massachusetts Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1987
  5. Henry Wade Cox v. C. H. Masland & Sons, Inc., a Corporation, and Textile Workers Union of America, Local 1882Court of Appeals for the Fifth Circuit · 1980

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