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JAY DREHER CORPORATION v. DELCO APPLIANCE CORP.

No. 53.

93 F.2d 275 (1937)

JAY DREHER CORPORATION v. DELCO APPLIANCE CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.

Attorney(s) appearing for the Case

Epstein & Brothers, of New York City, for appellant.

John Thomas Smith, of New York City (Albert M. Levert, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint at law for insufficiency upon its face. The plaintiff alleged that he and the defendant had entered into a contract in writing on January 2, 1933, which they later modified in certain particulars, and which the defendant repudiated on April 28, 1933. The action was for the damages suffered by the breach; and the result turns upon the meaning of the contract, which so far as material is...

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