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BRUNSWICK-BALKE-COLLENDER CO. v. FOSTER BOAT CO.

No. 9634.

141 F.2d 882 (1944)

BRUNSWICK-BALKE-COLLENDER CO. v. FOSTER BOAT CO.

Circuit Court of Appeals, Sixth Circuit.

April 12, 1944.

Attorney(s) appearing for the Case

Morton Keeney, of Grand Rapids, Mich. (Butterfield, Keeney & Amberg, Morton Keeney, and Harry Shulsky, all of Grand Rapids, Mich., on the brief), for appellant.

Charles H. Menmuir, of Traverse City, Mich., and Howard L. Campbell, of Manistee, Mich. (Meggison & Menmuir, of Traverse City, Mich., and Campbell & Campbell, of Manistee, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is from a judgment awarding damages to the appellee for the breach, by the appellant, of a contract entered into on October 25, 1940, for the manufacture and sale of rough bowling pin blocks which the appellee was to make and the appellant to buy. None were ever fabricated and each of the litigants charged the other with an anticipatory breach excusing performance. The cause was submitted to a jury and the appellant's grievance is...

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