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T.W. WARNER CO. v. ANDREWS

No. 348.

90 F.2d 965 (1937)

T. W. WARNER CO. v. ANDREWS.

Circuit Court of Appeals, Second Circuit.

June 7, 1937.

Attorney(s) appearing for the Case

Straus & Osserman and A. M. Lowenthal, all of New York City (Stanley Osserman, A. M. Lowenthal, and Theodore F. Tonkonogy, all of New York City, of counsel), for appellant.

Cuthell, Appleby, Osterhout & Mills, of New York City (Howard Osterhout, Martin J. Her, and John B. Coman, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by the defendant from a judgment for $550,610.71 in an action for damages for breach of contract. By stipulation the case was tried before the court and a jury of one, each side moving for a directed verdict. The plaintiff's motion was granted, and judgment was entered in accordance with the verdict directed.

In the summer of 1927, T. W. Warner Company (for brevity called Warner) entered into a written contract with Andrews...

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