Boulden v. Herring

JOHN E. MILLER, District Judge.

The questions before the court for determination are mixed questions of law and fact, and it seems desirable to dispose of them in an opinion rather than by separate findings of fact and conclusions of law. There is no substantial factual dispute between the parties, but the contentions of the parties to this proceeding arise from conflicting inferences drawn from the undisputed facts.

On April 9, 1953, the plaintiff appeared by her attorneys, Lookadoo & Lookadoo, the defendants, M. Herring and M. Herring Wholesale Lumber Company, a corporation, appeared by their…