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E. I. DU PONT DE NEMOURS & CO. v. LYLES & LANG CONST. CO.

No. 7097.

227 F.2d 517 (1955)

E. I. DU PONT DE NEMOURS & COMPANY, Appellant, v. LYLES & LANG CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 1, 1955.

Attorney(s) appearing for the Case

Lionel Kestenbaum, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., N. Welch Morrisette, U. S. Atty., Columbia, S. C., and Paul A. Sweeney, Atty., Department of Justice, Washington, D. C., on brief), for appellant.

James F. Dreher, Columbia, S. C. (David W. Robinson and Robinson, McFadden & Dreher, Columbia, S. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is the second appeal in this case. On the first appeal we held, among other things, that it was error to allow interest at the legal rate prior to judgment in computing damages for breach of contract, when such damages were unliquidated. We held that in awarding interest "as a means of arriving at the fair compensation to which plaintiff is entitled under the contract, the interest should be computed not at the legal rate fixed by statute but at the...

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