Bendix Home Appliances, Inc. v. Radio Accessories Co.

RIDDICK, Circuit Judge.

The plaintiff and the defendant in the court below, the parties to an executory contract terminable at the will of either party, agreed that the. contract should remain in force for a stated term in order that the plaintiff, which had sustained a loss through performance to the date of the amendment, might recoup its losses. The defendant wrongfully terminated the contract, and the plaintiff brought this suit to recover expenses incurred by it in performance of the contract both before and after the amendment and for the profits which the plaintiff claimed it would have…