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CORDOVAN ASSOCIATES, INC. v. DAYTON RUBBER CO.

No. 14029.

279 F.2d 289 (1960)

CORDOVAN ASSOCIATES, INCORPORATED, Appellant, v. DAYTON RUBBER COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

June 6, 1960.

Attorney(s) appearing for the Case

Harshman, Young, Colvin & Alexander, Dayton, Ohio, and Morton Honeyman, Roanoke, Va., Robert F. Young, Dayton, Ohio, of counsel, for appellant.

Pickrel, Schaeffer & Ebeling, Dayton, Ohio, William G. Pickrel, Dayton, Ohio, of counsel, for appellee.

Before MARTIN, WEICK and O'SULLIVAN, Circuit Judges.

MARTIN, Circuit Judge.

The Dayton Rubber Company, a manufacturer of automobile tires and tubes, brought this action for a declaratory judgment, interpreting the pricing clause of a contract between that company and Cordovan Associates, Incorporated, one of the two automotive retail chain stores to which its manufactured tires and tubes were sold. The contract prices to be paid for tires, purchased by Cordovan Associates from Dayton Rubber Company, were to be "prices...

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