Standard Factors Corp. v. National Rubber Mach. Co.

FRANK, Circuit Judge.

Defendant made a contract with Baldwin Locomotive Works, a government “prime contractor” for the construction of Army tanks, under which defendant was to construct gun mounts for use in such tanks. The evidence, on the trial before a jury, showed that, on March 11 and March 19, 1942, defendant and Universal Machine Tool Manufacturing Company entered into four written agreements by which Universal was to manufacture for defendant certain parts for such tanks at a named price to be paid by defendant, defendant in each case agreeing to pay 30% of the total price “as a down…