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McCORMICK & COMPANY, INCORPORATED v. CHILDERS

Nos. 71-2215, 71-2216.

468 F.2d 757 (1972)

McCORMICK & COMPANY, INCORPORATED, Appellee, v. Earl L. CHILDERS, Appellant. McCORMICK & COMPANY, INCORPORATED, Appellant, v. BEDFORD INDUSTRIES INCORPORATED, a body corporate of the Commonwealth of Virginia, successor to and formerly known as Childers Foods, Incorporated, a body corporate of the Commonwealth of Virginia, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1972.

Attorney(s) appearing for the Case

Paul R. Connolly and J. Alan Galbraith, Washington, D. C. (Williams, Connolly & Califano, Washington, D. C., on brief), for Earl L. Childers, Bedford Industries, Inc., and others.

Franklin G. Allen, Baltimore, Md. (William L. Marbury, and Piper & Marbury, Baltimore, Md., on brief), for McCormick & Co.

Before HAYNSWORTH, Chief Judge. FIELD, Circuit Judge, and BLATT, District Judge.

FIELD, Circuit Judge:

This appeal involves a dispute stemming from the sale of the assets of Childers Foods, Inc., to McCormick & Company, Inc., the focal point of the disagreement being an emulsion machine and the patent application which was pending thereon at the time of the sale. In its original complaint McCormick alleged that it had been induced to enter into the contract by false representations made by Childers, and sought rescission of the contract of...

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