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REPUBLIC CHEMICAL CORPORATION v. UNITED STATES

No. 445-52.

141 F.Supp. 949 (1956)

REPUBLIC CHEMICAL CORPORATION v. The UNITED STATES.

United States Court of Claims.

June 5, 1956.

Attorney(s) appearing for the Case

Alfred S. Julien, New York City, for plaintiff.

David Orlikoff, Washington, D. C., Geo. S. Leonard, Acting Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LITTLETON, Judge.

This is a suit to recover damages for the failure of the War Assets Administration to deliver 1,765,931 gallons of xylidine to plaintiff pursuant to a contract of sale. The Government defends on the ground that it was justified in refusing delivery because plaintiff had not tendered payment of the purchase price in cash or issued shipping instructions within a reasonable time from the date the contract of sale was executed.

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