Legal Opinion

Murarka v. Bachrack Bros., Inc

Court of Appeals for the Second Circuit

Decided August 3, 1954No. 22960_1PublishedCited by 27 opinions

1Opinion of the Court

HARLAN, Circuit Judge.

The District Court in an action tried without a jury has held the defendant liable for breach of contract in the amount of $46,500, together with interest. The plaintiffs appeal, contending that the Court applied the wrong rule of damages and that their recovery should have been greater. The defendant cross appeals, arguing that the Court had no jurisdiction of the action, and that in any event it was not guilty of breach because of the plaintiffs’ failure to perform their obligations under the contract.

The facts surrounding the transaction, as found by the District…

2Cases cited15 opinions

  1. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
  2. Czarnikow-Rionda Co. v. Federal Sugar Refining Co.New York Court of Appeals · 1930
  3. Chicago Pneumatic Tool Co. v. ZieglerCourt of Appeals for the Third Circuit · 1945
  4. Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
  5. Iafrate v. Compagnie Generale TransatlantiqueDistrict Court, S.D. New York · 1952

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3Cited by27 opinions

  1. Southern Cross Overseas Agencies, Inc. v. Wah Kwong Shipping Group Ltd.Court of Appeals for the Third Circuit · 1999
  2. Wolfgang Von Dunser v. Arnold Y. AronoffCourt of Appeals for the Sixth Circuit · 1990
  3. Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
  4. Dorothy A. Wilson and Louis P. Wilson v. Humphreys (Cayman) Limited, a Corporation, and Holiday Inns, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1990
  5. Matimak Trading Co. v. Albert Khalily, D/B/A Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc.Court of Appeals for the Second Circuit · 1997

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