DOEHLER METAL FURNITURE CO. v. UNITED STATES

No. 287.

149 F.2d 130 (1945)

DOEHLER METAL FURNITURE CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 26, 1945.


Attorney(s) appearing for the Case

Gresser & Walker, of New York City (Nathan Walker, of New York City, on the brief), for plaintiff-appellee-appellant.

John F. X. McGohey, of New York City (John F. Ryan, of New York City, of counsel), for defendant-appellant-appellee.

Before L. HAND, CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. Since Doehler was in default as to delivery of all the furniture covered by the contract, the government had the privilege, conferred by the reletting provision, to refuse to accept delivery in toto and to let a new contract for the 6,321 pieces, holding Doehler for the "excess cost." Doehler contends that the government could not exercise that privilege as to reletting with respect to part of the furniture, while calling on Doehler to deliver...

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