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SHARPLES SEPARATOR CO. v. DOMESTIC ELEC. REFRIGERATOR CORP.

No. 4789.

61 F.2d 499 (1932)

SHARPLES SEPARATOR CO. v. DOMESTIC ELECTRIC REFRIGERATOR CORPORATION, to Use of HOLMES PRODUCTS, Inc.

Circuit Court of Appeals, Third Circuit.

October 3, 1932.

Attorney(s) appearing for the Case

Robert T. McCracken, of Philadelphia, Pa., Holding & Harvey, of West Chester, Pa., and Montgomery & McCracken, of Philadelphia, Pa., for appellant.

Walter Biddle Saul, John Kennedy Ewing, 3d, William E. Mikell, Jr., Roper & Caldwell, and Saul, Ewing, Remick & Saul, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an action at law for rescission of a contract and restitution of money and property. The plaintiff, the Domestic Electric Refrigerator Corporation, avers that the defendant, the Sharples Separator Company, continually breached its contract to manufacture refrigerators by delivering defective and inferior machines to the plaintiff. We shall speak of the parties as they stood in the District Court. The defendant denies that it broke its...

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