RELIANCE COOPERAGE CORP. v. TREAT

No. 14441.

195 F.2d 977 (1952)

RELIANCE COOPERAGE CORP. v. TREAT.

United States Court of Appeals Eighth Circuit.

April 22, 1952.


Attorney(s) appearing for the Case

Edgar Bernhard, Chicago, Ill. (W. F. Reeves, Marshall, Ark., on the brief), for appellant.

J. Smith Henley, Harrison, Ark. (N. J. Henley, Marshall, Ark., and Ben C. Henley, Harrison, Ark., on the brief), for appellee.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.


SANBORN, Circuit Judge.

The question for decision is whether the measure of the general damages recoverable by a purchaser for the nonperformance by a seller of an executory contract for the sale of goods is changed or affected by an unaccepted anticipatory repudiation of the contract by the seller.

The parties to this action entered into a contract which, so far as pertinent, reads as follows:

"This Agreement entered into in St. Louis, Missouri this...

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