Ehret Magnesia Mfg. Co. v. Lungwitz

Third Circuit

Ehret Magnesia Mfg. Co. v. Lungwitz

237 F. 1017, 150 C.C.A. 665

CourtCourt of Appeals for the Third Circuit

DecidedJanuary 10, 1917

DocketNo. 2128

StatusPublished

This text of 237 F. 1017 (Ehret Magnesia Mfg. Co. v. Lungwitz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ehret Magnesia Mfg. Co. v. Lungwitz, 237 F. 1017, 150 C.C.A. 665 (3d Cir. 1917).

Pincite

Opinion

PER CURIAM.

This writ of error has been argued twice, but we regret to find ourselves still uncertain about the meaning (taken as a whole) of the litigated clauses in this contract, as the case comes before us at a stage when no testimony has been taken. We hope and expect that these difficulties may be removed when the testimony discloses the situation of the parties at the date of the agreement, and that what is now obscure may thus, if possible, be cleared up. Solely for this reason we feel constrained to reverse the judgment, and to direct the District Court to proceed to a trial.

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PER CURIAM.

This writ of error has been argued twice, but we regret to find ourselves still uncertain about the meaning (taken as a whole) of the litigated clauses in this contract, as the case comes before us at a stage when no testimony has been taken. We hope and expect that these difficulties may be removed when the testimony discloses the situation of the parties at the date of the agreement, and that what is now obscure may thus, if possible, be cleared up. Solely for this reason we feel constrained to reverse the judgment, and to direct the District Court to proceed to a trial.

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Bluebook (online)

237 F. 1017, 150 C.C.A. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehret-magnesia-mfg-co-v-lungwitz-ca3-1917.