SWIFT CANADIAN CO. v. BANET

No. 11538.

224 F.2d 36 (1955)

SWIFT CANADIAN CO., Limited, Appellant, v. Albert BANET, Sali Banet and Abraham L. Perlman (Also Known as Abe Perlman), Individually and Trading as Keystone Wool Pullers.

United States Court of Appeals Third Circuit.

Decided June 23, 1955.

Rehearing Denied August 3, 1955.


Attorney(s) appearing for the Case

Ballard, Spahr, Andrews & Ingersoll, Richardson Blair, Philadelphia, Pa. (Robert L. Bast, Philadelphia, Pa., on the brief), for appellant.

Robert S. Grodinsky, Philadelphia, Pa. (Manuel Sidkoff, Philadelphia, Pa., on the brief), for appellees.

Before GOODRICH and HASTIE, Circuit Judges, and MILLER, District Judge.


GOODRICH, Circuit Judge.

This is an action on the part of a seller of goods to recover against the buyer for breach of contract. In the trial court each party, following the filing of a stipulation of facts, moved for summary judgment. The court granted the motion of the defendant. Plaintiff here says that it should have had the summary judgment or, at the worst, that the case should be remanded for trial on the facts.

The one point presented is both interesting...

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