Griffin v. Allen

Citations

• 207 F. 61
• 124 C.C.A. 621
• 1913 U.S. App. LEXIS 1602

Syllabus

<p>1. Appeal and Error (§ 673*)—Record—Matters to be Included.</p> <p>Whore, on plaintiff’s appeal from a judgment dismissing his bill, it appeared that bis only rigid s against defendant were under a contract, the provisions of which did not appear in the record, the judgment must be affirmed.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent Dig. 8 2873: Dec. Dig. § 673.*]</p> <p>2. Appeal and Error (§ 909*)—Presumptions in Support oe Judgment.</p> <p>Where, on an appeal by plaintiff, it appeared that, subsequent to the contract relied on by him, he failed to comply therewith and suit was brought against him, which was compromised by the giving of a new contract, it might be inferred, in the absence of any evidence as to the terms of the new contract, that it superseded the first contract.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 367G; Dec. Dig. § 909.*]</p>