Sharples Separator Co. v. Domestic Electric Refrigerator Corp.
Court of Appeals for the Third Circuit
1Opinion of the Court
DAVIS, Circuit Judge.
This is an action at law for rescission of a contract and restitution of money and property. The plaintiff, the Domestic Electric Refrigerator Corporation, avers that the defendant, the Sharpies Separator Company, continually breached its, contract to manufacture refrigerators by delivering defective and inferior machines to the plaintiff. We shall speak of tthe parties as they stood in the District Court. The defendant denies that it broke its contract and counterclaimed, averring that the plaintiff repudiated the contract. The ease was tried to the District Court and a…
2Cases cited4 opinions
- Hill & MacMillan, Inc. v. TaylorSupreme Court of Pennsylvania · 1931
- Sanford v. . Brown Brothers Co.New York Court of Appeals · 1913
- Wasatch Orchard Co. v. Morgan Canning Co.Utah Supreme Court · 1907
- Burntisland Shipbuilding Co. v. Barde Steel Products Corp.District Court, D. Delaware · 1922
3Cited by4 opinions
- Alaska Pacific Salmon Co. v. Reynolds Metals Co.Court of Appeals for the Second Circuit · 1947
- Ivy H. Smith Company v. Moretrench CorporationCourt of Appeals for the Fifth Circuit · 1958
- L. Gillarde Co. v. Joseph Martinelli & Co.Court of Appeals for the First Circuit · 1948
- Alpirn v. Williams Steel & Supply Co.Court of Appeals for the Seventh Circuit · 1952