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L. ALBERT & SON v. ARMSTRONG RUBBER CO.

No. 6, Docket 21183.

178 F.2d 182 (1949)

L. ALBERT & SON v. ARMSTRONG RUBBER CO.

United States Court of Appeals Second Circuit.

Decided November 29, 1949.

Attorney(s) appearing for the Case

Abraham S. Ullman, Irving Sweedler and William L. Beers, New Haven, Conn., for plaintiff.

Albert H. Barclay and William L. Hadden, New Haven, Conn., with whom on the brief were Albert H. Barclay, Jr. and John W. Barclay, New Haven, Conn., for defendant.

Before L. HAND, Chief Judge and SWAN and CLARK, Circuit Judges.

L. HAND, Chief Judge.

Both sides appeal from the judgment in an action brought by the Albert Company, which we shall speak of as the Seller, against the Armstrong Company, which we shall call the Buyer. The action was to recover the agreed price of four "Refiners," machines designed to recondition old rubber; the contract of sale was by an exchange of letters in December, 1942, and the Seller delivered two of the four "Refiners" in August, 1943, and the other two...

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