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VIDAL v. TRANSCONTINENTAL & WESTERN AIR

No. 7641.

120 F.2d 67 (1941)

VIDAL et al. v. TRANSCONTINENTAL & WESTERN AIR, Inc.

Circuit Court of Appeals, Third Circuit.

May 13, 1941.

Attorney(s) appearing for the Case

Granville Whittlesey, Jr., of New York City (Richards, Layton & Finger, of Wilmington, Del., Phil E. Gilbert, Jr., and Donovan, Leisure, Newton & Lumbard, all of New York City, on the brief), for appellants.

Josiah Marvel, Jr., of Wilmington, Del. (Marvel & Morford, of Wilmington, Del., and Horace G. Hitchcock, Dwight R. Collin, and Chadbourne, Wallace, Parke & Whiteside, all of New York City, on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This action for breach of contract was tried by the court below without a jury. This appeal by the plaintiffs is from the action of the trial court in dismissing their complaint. By the terms of the contract, which bears date of April 14, 1937, the defendant agreed to sell and the plaintiff agreed to buy four used airplanes of a specified type belonging to the seller. The price was stipulated and payment was to be made by certified check upon...

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