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PENNSYLVANIA EXCHANGE BANK v. UNITED STATES

No. 265-57.

170 F.Supp. 629 (1959)

PENNSYLVANIA EXCHANGE BANK, Assignee, and Samuel H. Roseman, Assignee for the Benefit of Creditors of Joseph Lerner & Son, Inc. v. UNITED STATES.

United States Court of Claims.

As Amended April 3, 1959.

Attorney(s) appearing for the Case

Burton R. Thorman, Washington, D. C., for plaintiffs. Solomon Dimond, Washington, D. C., was on the briefs.

Clare E. Walker, New York City, with whom was George Cochran Doub, Asst. Atty. Gen., for defendant.

WHITAKER, Judge.

The Pennsylvania Exchange Bank and Samuel H. Roseman are assignees for the benefit of creditors of Joseph Lerner & Son, Inc. In this opinion we shall refer to Joseph Lerner & Son, Inc., as the plaintiff.

This suit is for the balance of the contract price withheld by defendant, because of plaintiff's alleged anticipatory breach of the contract by making an assignment for the benefit of its creditors. Defendant also counterclaims for...

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