Appliance Corp. v. Speed Queen Corp.

MAJOR, Chief Judge.

Plaintiff, Appliance Corporation of America, a Wisconsin corporation (hereinafter referred to as ACA), brought this action against the defendant, Speed Queen Corporation, a Delaware corporation, to recover liquidated damages upon a contract bearing the date June 19, 1947, as modified December 20, 1947. The contract was made with Barlow & Seelig Mfg. Company, which subsequent to the execution of the contract changed its name to Speed Queen Corporation. The complaint stated two causes of action. The defendant answered the complaint, admitting all the factual allegations, but…