Brown Bag Filling MacHine Co. v. United Smelting & Aluminum Co.
Supreme Court of Connecticut
Action to recover damages for the alleged wrongful refusal of the defendant to accept delivery of aluminum rods purchased by it of the plaintiff, with a count for other rods sold and delivered, brought to the Superior Court in New Haven County and tried to the jury before Tuttle, J.; verdict and judgment for the plaintiff for $5,655, from which the defendant appealed.
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Action to recover damages for the alleged wrongful refusal of the defendant to accept delivery of aluminum rods purchased by it of the plaintiff, with a count for other rods sold and delivered, brought to the Superior Court in New Haven County and tried to the jury before Tuttle, J.; verdict and judgment for the plaintiff for $5,655, from which the defendant appealed. In February, 1916, the plaintiff, in Fitchburg, had on hand about 34,000 pounds of aluminum rods of various sizes, and had the right, by contract, to about 4,400 pounds of aluminum not drawn and to be specified. The plaintiff…
1Opinion of the CourtGager, J.
Between February 18th and February 22d, 1916, the plaintiff and the defendant, after negotia tions in writing, entered into a written contract of sale under which the plaintiff sold to the defendant about 34,000 pounds of aluminum rod. The plaintiff was not a dealer in aluminum, but a manufacturer of machinery, and was left with the material on hand as a result of failure to place an anticipated munitions contract. The defendant was a regular dealer in altnninum. The order of the defendant, prepared by it, described the material as “rod aluminum,” “to be drawn to our specifications.” By…
2Cited by4 opinions
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