EMERMAN v. COHEN

No. 32, Docket 22400.

199 F.2d 857 (1952)

EMERMAN v. COHEN et al.

United States Court of Appeals Second Circuit.

Decided November 12, 1952.


Attorney(s) appearing for the Case

Jacobs, Leibowitz & Kahn, New York City (Edward H. Kahn and Charles B. Hochberg, New York City, of counsel), for defendants-appellants.

Cleary, Gottlieb, Friendly & Hamilton, New York City (Thomas J. Kiernan and Jerome E. Hyman, New York City, of counsel), for plaintiff-appellee.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.


CHASE, Circuit Judge.

It was undisputed that the appellants, knowing that the appellee was buying for resale, had agreed in December 1947 to sell her 300 tons of flat steel sheets of a designated kind and quality for 11¼ cents per pound and that she paid down $16,750 as an advance on the purchase price. None of the steel was delivered and this suit was brought to recover the resulting damages. After the action was commenced the advance payment was returned to...

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