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F. A. D. ANDREA, INC. v. DODGE

No. 3464.

15 F.2d 1003 (1926)

F. A. D. ANDREA, Inc., v. DODGE.

Circuit Court of Appeals, Third Circuit.

November 19, 1926.

Attorney(s) appearing for the Case

Walter Biddle Saul, Allen S. Olmsted, 2d, and Saul, Ewing, Remick & Saul, all of Philadelphia, Pa. (Charles E. Frances, of New York City, of counsel), for plaintiff in error.

Robert T. McCracken, Wayne P. Rambo, and George G. Chandler, all of Philadelphia, Pa., for defendant in error.

Before DAVIS, Circuit Judge, and CLARK and JOHNSON, District Judges.

DAVIS, Circuit Judge.

This was a suit at law for damages for an alleged breach of a contract for 20,000 cabinets for radio sets. The contracts consisted of proposals in the form of orders by the defendant and acceptances by the plaintiff. Each order contained in substance the following provision: "These cabinets to have best quality lacquer finish equal to our sample. The color must be identical with our sample." Some of...

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