Appeal from the District Court of the United States for the District of New Jersey; Wm. N. Runyon, Judge.
Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.
There are two actions here. Thomas W. Miner, a member of the Citizens' Committee, died before he was served, and a new action, No. 4,204, was begun against the executor of his estate.
On January 27, 1926, the Heywood-Wakefield Company entered into a contract with the Greater Newark Baseball Club, Inc., for the sale of a specified number of chairs which were to be installed at Davids Stadium, Newark, N.J. The total amount due for the chairs actually installed was $32,763.60 to be paid as follows: "15% cash with contract; 25% cash on shipment; balance in 9 equal monthly notes at 6% interest, endorsed by Mr. C. A. Davids and deliverable at time of 2nd payment." The first payment of $5,531.25 was made in accordance with the contract on or about January 27, 1926. On March 19, 1926, before the chairs were delivered, but while they were in transit from Chicago, Charles P. Lyman was appointed receiver of the Greater Newark Baseball Club, Inc., by the District Court. Edmund J. McQuade, contract manager of the Heywood-Wakefield Company, learning of the receivership, while the chairs were still in transit, reconsigned them to the Kenner Terminal Warehouse in Newark.
On April 12, 1926, Mr. McQuade and Mr. Fuller, representing the appellant Company, Mr. Lyman, and Mr. Thomas E. Miner had a conference at which Mr. Miner informed Mr. McQuade "that a citizens' committee had been appointed for the purpose of raising a fund and seeing that the ball club was put into operation."
Thereafter on or about April 12, 1926, Mr. Fuller, attorney of the appellant, prepared and Mr. Miner signed the following letter and sent it to Mr. Reeves for his signature:
"Greater Newark Baseball Club, Inc. "International League "Davids Stadium
"Room 65, Proctor Theatre Building,
"Wilson Avenue, Newark, New Jersey.