THE SIRIUS STAR v. STURGEON BAY SHIPBUILD. & DRY DOCK CO.

No. 10507.

196 F.2d 479 (1952)

THE SIRIUS STAR, Inc. v. STURGEON BAY SHIPBUILDING & DRY DOCK CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 29, 1952.


Attorney(s) appearing for the Case

Sumner M. Redstone, Ford, Bergson, Adams & Borkland, Washington, D. C., for appellant.

Robert Branand, Jr., Chicago, Ill., Emmet Horan, Milwaukee, Wis., William E. Wagener, Sturgeon Bay, Wis., Seago, Pipin, Bradley & Vetter, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Plaintiff, engaged in fishing on the Atlantic, contracted on May 22, 1946 with defendant, a shipbuilder at Sturgeon Bay, Wisconsin, to buy, for $269,000, a fishing trawler, which defendant agreed to construct within the "estimated" completion date of December 15, 1946. Plaintiff advanced $75,000. The vessel was not completed until late in the summer of 1947. On December 15, 1948, having failed to make further payments, plaintiff filed suit...

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