Court of Appeals for the Eighth Circuit November 15, 1909, No. 2,984 (McCall Co. v. Deuchler)

HOOK, Circuit Judge.

This is an appeal from an order disallowing a claim of the McCall Company against the estate of E. H. William Normann, bankrupt, under a clause of a contract in the following words:

“If either of us shall intentionally break this contract, or shall refuse or fail promptly to perform the same after two weeks’ notice in writing given by the other, then the other of us shall