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JULIUS KAYSER & CO. v. TEXTRON, INCORPORATED

No. 7068.

228 F.2d 783 (1956)

JULIUS KAYSER & CO., Appellant, v. TEXTRON, Incorporated, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1956.

Attorney(s) appearing for the Case

Alvin McKinley Sylvester, New York City, and Andrew B. Marion, Greenville, S. C. (S. M. Chapin, Parker, Chapin & Flattau, New York City, C. F. Haynsworth, Jr., Thomas K. Johnstone, Jr., and Haynsworth, Perry, Bryant, Marion & Johnstone, Greensboro, S. C., on brief), for appellant.

T. Frank Watkins and David L. Freeman, Anderson, S. C. (John V. Kean, Edwards & Angell, Providence, R. I., and Watkins, Vandiver & Freeman, Anderson, S. C., on brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and R. DORSEY WATKINS, District Judge.

R. DORSEY WATKINS, District Judge.

Julius Kayser & Co., (Kayser), a New York corporation, sued Textron, Incorporated (Textron), a New Jersey corporation, for damages for alleged breach of agreement by Textron to accept an assignment of a lease from Kayser. The District Court at Anderson, S. C., sitting without a jury, found that there was a misunderstanding and mutual disagreement of Kayser and Textron upon the terms of the alleged assignment, and that the parties...

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