DUNBAR BROS. CO. v. CONSOLIDATED IRON STEEL MFG. CO.

No. 109.

23 F.2d 416 (1928)

DUNBAR BROS. CO. v. CONSOLIDATED IRON-STEEL MFG. CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.


Attorney(s) appearing for the Case

Epaphroditus Peck, of Bristol, Conn., and Robinson, Robinson & Cole, of Hartford, Conn., for plaintiff in error.

Hardin & Hess, of New York City (Ernest Angell, of New York City, and Earl Mathewson, of Norwich, Conn., of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

The parties will be referred to herein as below. This action was brought to recover damages for breach of an expressed, and, if not an expressed, an implied, warranty, made in the sale of springs used by the plaintiff in the manufacture of locks. A jury was waived, and after a trial the District Judge made findings of fact, from which he concluded there was a breach of warranty, and he gave judgment for the plaintiff for direct and consequential...

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