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KAMEN SOAP PRODUCTS CO. v. STRUTHERS WELLS CORPORATION

159 F.Supp. 706 (1958)

KAMEN SOAP PRODUCTS CO., Inc., Plaintiff, v. STRUTHERS WELLS CORPORATION and The Titusville Iron Works Company, Defendants.

United States District Court S. D. New York.

March 4, 1958.

Attorney(s) appearing for the Case

David Ray Bernstein, New York City, for plaintiff.

Richard W. Smith, New York City, Isaac J. Silin, V. H. Elderkin, Jr., Erie, Pa., for defendants. Donovan, Leisure, Newton & Irvine, Robert M. Loeffler, New York City, Warren Bentz, Erie, Pa., of counsel.

FREDERICK van PELT BRYAN, District Judge.

This is an action for breach of a written agreement for the sale and delivery of two boiler burner units by the defendants to plaintiff, and for breach of warranties in such agreement. Plaintiff alleges that only one unit has been delivered instead of two, as the agreement calls for, and that the unit so delivered did not conform to specifications and warranties. It claims damages in the sum of $40,000.

Plaintiff is...

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