SHANE v. WARNER MFG. CORP.

No. 11694.

229 F.2d 207 (1956)

Morris SHANE, Paul Bankoff & Rose Flaxman, trading as B. &F. Door Mfg. Co., Appellees, v. WARNER MFG. CORP., a New Jersey Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided February 1, 1956.


Attorney(s) appearing for the Case

Andrew B. Crummy, Newark, N. J. (Crummy, Consodine, Gibbons & O'Neill, Paul T. Murphy, Newark, N. J., on the brief), for appellant.

David S. Malis, Philadelphia, Pa., (Benjamin Asbell, Camden, N. J., Howard Wallner, Malis, Malis & Malis, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

A jury trial in this diversity case resulted in an award of damages for breach of contract to the plaintiff partnership, hereinafter called Shane, against the defendant corporation, hereinafter called Warner. There was also an unsuccessful counterclaim by Warner, but this appeal is concerned only with Shane's claim and recovery thereon of a money judgment in the amount of $79,153.28.

Shane manufactured and sold storm doors. Its basic...

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