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WHEELING STAMPING CO. v. BIRDSBORO STEEL F. & M. CO.

No. 12082.

245 F.2d 752 (1957)

WHEELING STAMPING COMPANY, Appellant, v. BIRDSBORO STEEL FOUNDRY & MACHINE COMPANY.

United States Court of Appeals Third Circuit.

Decided June 26, 1957.

Attorney(s) appearing for the Case

Loyal H. Gregg, Pittsburgh, Pa., (Gregg & Price, Pittsburgh, Pa., William H. Parmelee, Christy, Parmelee & Strickland, Pittsburgh, Pa., on the brief), for appellant.

Sidney L. Wickenhaver, Philadelphia, Pa. (Ralph W. Brenner, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY, and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This controversy between a buyer, Wheeling Stamping Co., and a seller, Birdsboro Steel Foundry & Machine Co., arose out of the buyer's attempt to rescind the sale of a large hydraulic press specially designed and constructed for the commercial molding of plastic caps in large quantities. The buyer sued to get back the purchase price and the court, sitting without a jury, found that the seller had properly performed its contract and was entitled...

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