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HEISKELL v. FURNESS, WITHY & CO.

No. 123.

4 F.2d 977 (1925)

HEISKELL v. FURNESS, WITHY & CO., Limited.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

Neil P. Cullom, of New York City (Neil P. Cullom and Hobart S. Weaver, both of New York City, of counsel), for plaintiff in error.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Cletus Keating and James H. Herbert, both of New York City, of counsel), for defendant in error.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

HOUGH, Circuit Judge (after stating the facts as above).

The main purpose of this action was to recover special damages for the loss of Brode's sale of peanut meal in England; and much time has been devoted to showing that such damage was recoverable.

But that question is not reached until plaintiff has shown a breach of contract on defendant's part giving rise to any damage claim at all.

The written contract...

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