CONSOLIDATED FISHERIES CO. v. FAIRBANKS, MORSE & CO.

No. 10466.

193 F.2d 957 (1952)

CONSOLIDATED FISHERIES CO. v. FAIRBANKS, MORSE & CO.

United States Court of Appeals Third Circuit.

January 22, 1952.


Attorney(s) appearing for the Case

Leonard J. Schwartz, Philadelphia, Pa. (Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., on the brief), for appellant.

Charles J. Biddle, Philadelphia, Pa. (Hayward H. Coburn, Frederick R. Drayton, Jr., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

This is a diversity action brought by Consolidated Fisheries Company, a Delaware corporation, against Fairbanks, Morse & Co., an Illinois corporation, wherein plaintiff seeks to recover damages for an alleged breach of warranty growing out of the sale of a diesel engine.1 Defendant counterclaimed for the unpaid balance of the purchase price. After both parties had presented their evidence, the court instructed...

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