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SMITH v. ONYX OIL AND CHEMICAL COMPANY

Nos. 11362, 11363.

218 F.2d 104 (1955)

Laurence C. SMITH and Laura C. Smith, Co-partners Trading as Laurence C. Smith Co., Appellant, v. ONYX OIL AND CHEMICAL COMPANY, a Corporation of the State of Delaware (two cases).

United States Court of Appeals, Third Circuit.

Decided January 3, 1955.

Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., and Arthur G. Logan, Wilmington, Del., for Smith and another.

Januar D. Bove, Jr., Wilmington, Del. (Arthur G. Connolly, Connolly, Cooch & Bove, Wilmington, Del., on the brief), for Onyx Oil & Chemical Co.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

These are appeals from a judgment for the plaintiff in a suit for breach of contract. The action was tried to the court without a jury. Both sides have appealed; the plaintiff because he says he did not get damages enough, the defendant because it says that plaintiff should not have any damages at all.

The subject matter of the contract, if there was a contract, is an agreement whereby the plaintiff, Smith,1

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