PHILCO CORP. v. "AUTOMATIC" SPRINKLER CORP. OF AMERICA

No. 14451.

337 F.2d 405 (1964)

PHILCO CORPORATION, Rex Manufacturing Company, Inc., Manufacturers Mutual Fire Insurance Company, Aetna Insurance Company, Liverpool & London & Globe Insurance Co. Limited, Plaintiff-Appellants, v. The "AUTOMATIC" SPRINKLER CORPORATION OF AMERICA, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 2, 1964.


Attorney(s) appearing for the Case

Erle A. Kightlinger, Indianapolis, Ind., Harry A. Wilson, Jr., Howard J. DeTrude, Jr., Indianapolis, Ind., Armstrong, Gause, Hudson & Kightlinger, Indianapolis, Ind., of counsel, for appellants.

Hugh E. Reynolds, Jr., Indianapolis, Ind., Hugh E. Reynolds, Indianapolis, Ind., Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., of counsel, for appellee.

Before SCHNACKENBERG, KNOCH, and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

The question we have to determine is whether the district court correctly construed a construction contract so as to deny damages which plaintiffs otherwise would have been entitled to recover in this action. Specifically, the question relates to certain provisions in the contract which according to the district judge limited the time within which plaintiffs could assert a claim for faulty materials and workmanship. The following is a summary...

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