SCHNITZER STEEL PROD. CO. v. HENRY C. EASTBURN & SON

No. 433, Civil Action 1950.

83 A.2d 684 (1951)

SCHNITZER STEEL PRODUCTS CO. v. HENRY C. EASTBURN & SON, Inc.

Superior Court of Delaware, New Castle.

August 31, 1951.


Attorney(s) appearing for the Case

Leslie H. Gluckman, Wilmington, for plaintiff.

W. Thomas Knowles, of Knowles & Allmond, Wilmington, for defendant.

CAREY, J., sitting.


CAREY, Judge.

The purpose of this suit is to recover possession of a large Bay City crane, or its value. Ownership is claimed by both parties. It is a case where one of two innocent parties must suffer loss caused primarily by the default of a third person.

In February 1949, plaintiff made a contract for the sale to one Richard Thorpe, who traded under the name of Thorpe's Machine Company, of several items of large machinery, including the crane here involved...

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