FRICK CO. v. RUBEL CORPORATION

No. 147.

62 F.2d 765 (1933)

FRICK CO. v. RUBEL CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 23, 1933.


Attorney(s) appearing for the Case

Jacob A. Freedman, of Brooklyn, N. Y. (Stephen Callaghan, of New York City, of counsel), for appellant.

Wise & Seligsberg, of New York City (Leon Lauterstein and Emanuel Dankowitz, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff is a manufacturer of ice-making machinery, which it installs on the buyer's premises. It signed three contracts with the defendant to make and install such machinery, and performed them; the first cause of action was to recover the contract price. The second and third causes of action demand liquidated damages for the defendant's delays in accepting delivery of the apparatus. The only issues on the first cause of action are as...

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