John v. Grombach v. Oerlikon Tool and Arms Corporation of America, a Corporation

BARKSDALE, District Judge.

This diversity action was instituted on May 27, 1958, by John V. Grombach, formerly an officer of the United States Army, a citizen and resident of New York, against Oerlikon Tool and Arms Corporation of America, a Delaware Corporation doing business in North Carolina, seeking damages for the alleged breach by the defendant of a written contract entered into on February 10, 1953. Defendant’s motion for a summary judgment having been previously overruled, the case came on for trial by a jury on August 5, 1959. At the conclusion of all the evidence the district court…