RUMSEY MFG. CORP. v. UNITED STATES HOFFMAN M. CORP.

No. 23, Docket 21678.

187 F.2d 927 (1951)

RUMSEY MFG. CORP. et al. v. UNITED STATES HOFFMAN MACHINERY CORP.

United States Court of Appeals Second Circuit.

Decided March 29, 1951.


Attorney(s) appearing for the Case

Albert Averbach, Seneca Falls, N. Y. for plaintiffs-respondents.

H. G. Morison, Asst. Atty. Gen., George L. Grobe, U. S. Atty., R. Norman Kirchgraber, Asst. U. S. Atty., Buffalo, N. Y. (Edward H. Hickey, Hubert H. Margolies, Attorneys, Department of Justice, Washington, D. C., of counsel), for defendant-appellant.

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


L. HAND, Chief Judge.

Both parties appeal from a judgment awarding damages to the plaintiffs for the defendant's cancellation of a contract under which the Rumsey Company had promised to make and deliver to the defendant a large number of "adapters" — a small member of a naval projectile. The defendant had entered into a "prime contract" with the Navy to manufacture projectiles and placed three "Purchase Orders" with the Rumsey Company, all in the same form...

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