Keystone Steel & Wire Co. v. Pierce Oil Corp.

PAGE, Circuit Judge.

Defendant in error, called plaintiff, recovered a judgment against plaintiff in error, called defendant, for failure to take fuel oil under a written contract. The trial was to a jury, but the court instructed for plaintiff in the sum of $123,324.25 damages, and $28,039.23 interest at the rate of 5 per cent, per annum from date of breach', found by the court to be April 29, 1921. The facts will sufficiently appear in the consideration of the questions raised.

It is urged that the following provision of section 10 of the contract destroyed its mutuality: “Neither party…