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KOSOLAPOV v. MANDELL

No. 124.

23 F.2d 593 (1928)

KOSOLAPOV v. MANDELL et al.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Henry Leon Slobodin, of New York City, for plaintiff in error.

Daniel Loewenthal, of New York City (Harry Meirowitz, of New York City, on the brief), for defendants in error.

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

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

The construction of the contract for which the defendants argued, and which was apparently adopted by the court, was that the contract provided for a penalty — the forfeiture by defendants of $60,000, whether the breach of their undertakings was total or partial, a failure to deliver any goods or a failure to deliver a last insignificant installment. This is not, we believe, the correct interpretation...

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