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PLOTNICK v. PENNSYLVANIA SMELTING & REFINING CO.

No. 10533.

194 F.2d 859 (1952)

PLOTNICK v. PENNSYLVANIA SMELTING & REFINING CO.

United States Court of Appeals Third Circuit.

Decided February 21, 1952.

Attorney(s) appearing for the Case

Sylvan C. Balder, Philadelphia, Pa. (Blanc, Steinberg & Balder, Philadelphia, Pa., on the brief), for appellant.

Nochem S. Winnet, Philadelphia, Pa. (Charles M. Solomon and Fox, Rothschild, O'Brien & Frankel, all of Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH and HASTIE, Circuit Judges, and BURNS, District Judge.

HASTIE, Circuit Judge.

This litigation arises out of an installment contract for the sale of quantities of battery lead by a Canadian seller to a Pennsylvania buyer. The seller sued for the price of a carload of lead delivered but not paid for. The buyer counterclaimed for damages caused by the seller's failure to deliver the remaining installments covered by the contract. The district court sitting without a jury allowed recovery on both claim and counterclaim. This...

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