Court of Appeals for the Third Circuit February 24, 1944, No. 8365 (Smyth Sales, Inc. v. Petroleum Heat & Power Co.)

MARIS, Circuit Judge.

The plaintiff brought an action for fraud and deceit in the District Court for the District of New Jersey. The first trial resulted in a nonsuit. This court reversed and ordered a new trial. 128 F.2d 697. The second trial resulted in a verdict and judgment for the plaintiff. This appeal followed.