MURARKA v. BACHRACK BROS

No. 262, Docket 22960.

215 F.2d 547 (1954)

MURARKA et al. v. BACHRACK BROS., Inc.

United States Court of Appeals, Second Circuit.

Decided August 3, 1954.


Attorney(s) appearing for the Case

Clarence P. Greer, New York City (Morris Einhorn, New York City, and Harold L. Flint, Great Neck, N. Y., on the brief), for plaintiffs-appellees-appellants, R. Murarka, R. F. Murarka, Kasturi Bai, C. R. Agarwal, Mahanlal and Fatehchand, d/b/a Fatehchand Madangopol.

Benjamin Adler, New York City, for defendant-appellant-appellee, Bachrack Bros., Inc.

Before SWAN, MEDINA and HARLAN, Circuit Judges.


HARLAN, Circuit Judge.

The District Court in an action tried without a jury has held the defendant liable for breach of contract in the amount of $46,500, together with interest. The plaintiffs appeal, contending that the Court applied the wrong rule of damages and that their recovery should have been greater. The defendant cross appeals, arguing that the Court had no jurisdiction of the action, and that in any event it was not guilty of breach because of the plaintiffs...

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