WASHINGTON SAND & GRAVEL CO. v. BRANN & STUART CO.

No. 9344.

162 F.2d 826 (1947)

WASHINGTON SAND & GRAVEL CO. v. BRANN & STUART CO.

Circuit Court of Appeals, Third Circuit.

Decided July 14, 1947.


Attorney(s) appearing for the Case

John M. Smith, Jr., of Philadelphia, Pa. (Ronald A. Anderson, of Philadelphia, Pa., on the brief), for appellant.

Thomas J. Clary, Asst. U. S. Atty., of Philadelphia, Pa., (Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and O'CONNELL, Circuit Judges, and LEAHY, District Judge.


McLAUGHLIN, Circuit Judge.

This is a contract action which was dismissed at the end of appellant's case for failure of proof as to damages. Appellant's motion to set aside the resultant judgment and to allow it a new trial was denied and this appeal followed.

It is a diversity suit. Performance of the contract was in Maryland, which brings the measure of the damages under the law of that state with the specific question of the sufficiency of the evidence,...

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