BENDIX HOME APPLIANCES v. RADIO ACCESSORIES CO.

No. 12172.

129 F.2d 177 (1942)

BENDIX HOME APPLIANCES, Inc., v. RADIO ACCESSORIES CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 9, 1942.


Attorney(s) appearing for the Case

W. C. Fraser, of Omaha, Neb. (C. F. Connolly and Crofoot, Fraser, Connolly & Stryker, all of Omaha, Neb., on the brief), for appellant.

L. R. Newkirk, of Omaha, Neb. (C. L. Waldron and Waldron & Newkirk, all of Omaha, Neb., on the brief), for appellee.

Before GARDNER, THOMAS and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

The plaintiff and the defendant in the court below, the parties to an executory contract terminable at the will of either party, agreed that the contract should remain in force for a stated term in order that the plaintiff, which had sustained a loss through performance to the date of the amendment, might recoup its losses. The defendant wrongfully terminated the contract, and the plaintiff brought this suit to recover expenses incurred by...

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