PRATT CHUCK CO. v. CRESCENT INSULATED WIRE & CABLE CO.

No. 325.

33 F.2d 269 (1929)

PRATT CHUCK CO. v. CRESCENT INSULATED WIRE & CABLE CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 10, 1929.


Attorney(s) appearing for the Case

Robert B. Honeyman, of New York City, for appellant.

James F. Hubbell and Miller & Hubbell, all of Utica, N. Y., for appellee.

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


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

Upon the former appeal we held that title to the machines had not passed, even though the buyer's rejection was wrongful. We said that the contract contemplated some acceptance by the buyer after the test was made, and that, whatever the wrong, they remained the property of the seller until so accepted. We expressly reserved the question whether the buyer might refuse, if not satisfied that the performance...

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