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McCLURE v. O. HENRY TENT & AWNING CO.

No. 10113.

184 F.2d 636 (1950)

McCLURE et al. v. O. HENRY TENT & AWNING CO., Inc.

United States Court of Appeals, Seventh Circuit.

October 12, 1950.

Attorney(s) appearing for the Case

Morris A. Haft, Chicago, Ill., for appellant.

Jack I. Levy and Ben Liss, Chicago, Ill. (Sonnenschein, Berkson, Lautmann, Levinson & Morse, of Chicago, Ill., of counsel), for appellee.

Before MAJOR, Chief Judge, and KERNER and FINNEGAN, Circuit Judges.

KERNER, Circuit Judge.

This appeal is from a judgment for plaintiffs in a suit for damages for the alleged breach of two contracts for the sale of cotton materials. Defendant denied liability as to both contracts, with the exception of one item of the second. It asserted that the first contract had been abandoned by mutual consent after partial performance, and that the second provided for only 100,000 yards instead of the 200,000 charged in the complaint. Further...

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