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FLANAGHAN v. CHARLES H. TOMPKINS CO.

No. 10333.

182 F.2d 92 (1950)

FLANAGHAN v. CHARLES H. TOMPKINS CO.

United States Court of Appeals District of Columbia Circuit.

Decided April 3, 1950.

Attorney(s) appearing for the Case

Mr. James F. Masterson, Philadelphia, Pa., of the Bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Mr. Herbert G. Pillen, Washington, D. C., was on the brief, for appellant.

Mr. L. Clark Ewing, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, Ross O'Donoghue and Joseph M. Howard, Assistant United States Attorneys, Washington, D. C., were on the brief, for appellee.

Before EDGERTON, CLARK, and WASHINGTON, Circuit Judges.

PER CURIAM.

This appeal raises the question whether the trial court, sitting without a jury, properly refused to allow interest as an element of damages in an action for breach of contract. The relevant statute is section 2708 of Title 28 of the District of Columbia Code (1940 Ed.), which provides: "In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only; but...

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