CANISTER CO. v. NATIONAL CAN CORPORATION

Civil Actions Nos. 309 and 365.

64 F.Supp. 808 (1946)

CANISTER CO. v. NATIONAL CAN CORPORATION. CANISTER CO., Inc., v. SAME.

District Court, D. Delaware.

March 4, 1946.


Attorney(s) appearing for the Case

Hugh M. Morris (of Morris, Steel, Rodney, Nichols & Arsht), all of Wilmington, Del., for plaintiff.

William S. Potter and Collins J. Seitz (of Southerland, Berl & Potter), all of Wilmington, Del., for defendant.


LEAHY, District Judge.

Finding of fact No. 22 represents the court's attempt to ascertain what were the component elements making up the capacity contract between the parties. The duration of the contract can not possibly be a separate issue from the issue of whether there was a contract and, if so, what were its terms. When plaintiff might terminate the contract and the understanding of plaintiff itself, as testified to by its president, as to what were the conditions...

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